Man found guilty of beating alleged 'stalker' to death, stepfather convicted of helping him

SINGAPORE: A man and his stepfather were found guilty on Monday (Aug 24) of respectively beating up and restraining an alleged "stalker", in an assault labelled "savage" and "excessive" by the judge.

The victim, 26-year-old Shawn Ignatius Rodrigues, sustained fractures and later died from traumatic asphyxiation after the 20-minute assault at a staircase outside the accused men's Yishun flat in 2016.

Mr Rodrigues had purportedly been stalking Ryan Xavier Tay Seet Choong, 24, for years, after meeting the accused at a Catholic church when they were both altar boys.

Tay and his stepfather, 58-year-old Lawrence Lim Peck Beng, contested the charges, but District Judge Tan Jen Tse on Monday rejected their defences and found that the prosecution had proven its case.

He convicted Tay of voluntarily causing grievous hurt to the victim by stomping on his shoulder, punching his face and head and pressing his knee on his back on Jul 9, 2016. Lim was found guilty of aiding his stepson by sitting on the victim's buttocks and holding his legs during the assault.

Judge Tan said it was not disputed that Tay had carried out the assault, or that his stepfather had sat on the victim and held his legs. However, both accused men contested the charges on the basis that they had not known the actions were likely to cause grievous hurt.

The evidence clearly shows that Mr Rodrigues' life was endangered by acts including Tay's pressing his knee on the victim's back, said Judge Tan.

READ: 'I couldn't stand him': Man on trial for beating church member to death told police of victim's obsession with him

He also found that Tay caused the fractures on Mr Rodrigues by smashing his face on the floor, and rejected the argument that the fractures had been sustained in a fall down the stairs.

Tay had argued through his lawyer Peter Low that he did not intend to cause grievous hurt to Mr Rodrigues, and that his "sole intention was to detain" Mr Rodrigues and hand him over to the police.

"The facts and circumstances show that the attack on Shawn was savage and prolonged," said the judge. "He intended to stop Shawn from moving. He smashed Shawn's face on the ground and repeatedly punched him. He must've known that this would likely cause grievous hurt."

He said the fact that Tay had checked for the victim's pulse shows that he knew his assault had endangered Mr Rodrigues' life.

"I do not find the claim that Shawn had been stalking him or that his intention was to detain Shawn so he could be apprehended by the police to be material to any finding of guilt," said the judge. "No reasonable doubt exists in his favour."

FORCE USED WAS EXCESSIVE: JUDGE

Turning to Tay's stepfather, Judge Tan said it was clear that the force and method used was excessive. Lim was "evasive about what he saw or knew throughout the whole incident", he added.

"He must have seen what Ryan did and saw him restraining (Mr Rodrigues)," said Judge Tan. "It is unbelievable that while sitting on Shawn he looked ahead the entire time and did not turn around."

He also found it "unbelievable" that Lim claimed not to know that his stepson was assaulting the victim viciously, as he would have seen the assault before sitting on the victim, and would have heard the sounds of the attack and of the victim groaning in pain.

READ: Mother of man found dead in Yishun says he had been assaulted by church friend before

"Yet, as the accused's stepfather, he failed to take any steps to stop him from continuing his assault on Shawn. Instead, he continued to restrain Shawn to prevent him from getting up," said Judge Tan. "The irresistible inference to be drawn is that he intended to aid (his stepson)."

He said he found Lim's evidence "incredible", and rejected the claim that Lim had acted in self-defence. He said it was clear that the victim was already overpowered by Tay, and the force used was "excessive and not reasonably necessary".

The judge adjourned sentencing to a later date. If found guilty of voluntarily causing grievous hurt, Tay could be jailed for up to 10 years and fined or caned. His stepfather faces the same penalties for abetting him.