Elderly doctor with glaucoma jailed 4 days, fined for colliding with motorcyclist; prosecution mulling appeal against sentence

• Roger Pang Heng Mun, 76, was making a discretionary right turn at Bukit Batok in 2019 when he hit a motorcyclist, which left the rider and his pillon severely injured
• He was found guilty of not giving way and sentenced to four days' jail, fined S$5,000 and disqualified from driving all vehicles for 10 years
• The prosecution, who sought a jail term of 10 days, asked for a stay of execution, so that it can consider whether to file a notice of appeal

SINGAPORE — An elderly medical doctor suffering from glaucoma was found guilty by a district court of failing to give way to a motorcycle while making a discretionary right turn at Bukit Batok, which resulted in a collision that left the motorcyclist and his pillion rider severely injured.

On Monday (Sept 20), Roger Pang Heng Mun, a 76-year-old general practitioner, was sentenced by District Judge Marvin Bay to four days’ imprisonment and a fine of S$5,000.

Pang had pleaded guilty to a single charge of causing grievous hurt through a negligent act. He has also been disqualified from driving any class of vehicle for 10 years from the date of his release.

The prosecution, who sought a jail term of 10 days, asked for a stay of execution, so that it can consider whether to file a notice of appeal.

A stay of execution is a court order to temporarily suspend the execution of a judgment.

The court heard that the accident took place on Oct 11 in 2019 at the junction of Bukit Batok East Ave 6 and Bukit Batok East Ave 2 at around 8pm. The traffic condition at the time was described as moderate to heavy, the weather was clear and the roads dry.

Dashcam footage from Pang’s car showed that he was waiting in line to make a right turn into Bukit Batok East Ave 2.

The signal light at the junction was green, and it allowed drivers to make a right turn when they deemed it safe to do so.

The video showed that Pang had inched into the right turning pocket before he tried to clear the junction at the moment Mr Muhammad Zakir Zakaria was about to pass him on his motorcycle.

Deputy Public Prosecutor (DPP) Goh Yong Ngee said the resulting collision left Mr Zakir, now 21, with several grievous injuries, including fractures on his lower limbs. He also had three of his toes amputated and was placed on 325 days of hospitalisation leave.

Mr Zakir’s pillion Eisya Nabila Jaini, now 22, also suffered from multiple fractures on her body.

Immediately after the collision, Pang exited his vehicle to render assistance to the victims, said DPP Goh.

PANG'S GLAUCOMA CONDITION

Pang’s lawyer Peggy Yee sought the maximum fine possible as well as a long driving disqualification in place of a jail term for her client.

She said that Pang’s culpability for the accident should be reduced as his glaucoma condition had narrowed his field of vision, and that he was also developing cataracts.

According to a medical report, Pang's glaucoma condition meant he had a reduced ability to see in his extreme peripheral vision and "may contribute to him not being able to identify and recognise objects quickly in the far periphery".

In response, DPP Goh said Pang’s glaucoma condition had no mitigating weight and it also raised the question as to why he was driving in the first place.

Ms Yee said that despite Pang’s glaucoma, his vision was still adequately wide enough for him to pass the visual requirements for driving set by the Land Transport Authority.

DPP Goh replied that just because Pang was able to drive does not mean that he should.

"In fact, it could be argued that his culpability is higher (because) he knows the impact of his condition."

In any case, Ms Yee explained that she was seeking no jail term for her client as he was suffering from obstructive sleep apnea, among a host of other medical conditions, which required him to sleep with a specialised machine.

She stressed that this was an important factor to consider as it could “pose a serious risk” to Pang’s life if it is not managed properly in prison.

The prosecution said replacing imprisonment with just a fine would “trivialise the severity of the victims’ injuries”, and that 10 days' jail would be appropriate and proportionate to the harm caused.

District Judge Bay said in delivering Pang's sentence that as a general practitioner, it was "somewhat surprising he had no insight to the deterioration in his peripheral vision".

"All in all, the nature of his negligence also lies in his handling of his car in making the turn when there would have been a basis for him to suspect that his own eyesight, and in particular his ability to rapidly pick up fast moving objects, might be compromised."

DPP Goh called for a stay of execution, as he is considering whether to file a notice of appeal.

District Judge Bay granted it, and Pang remains out on a bail of S$10,000.

CLARIFICATION: In an earlier version of this report, TODAY quoted Deputy Public Prosecutor Goh Yong Ngee as saying that he had called for a stay of the sentence. The Attorney-General's Chambers clarified that the prosecutor had called for a stay of execution, a court order to temporarily suspend the execution of a judgment, so that he can consider whether to file a notice of appeal.