Man convicted of running over foreign acquaintance with van

SINGAPORE – A 51-year-old man who ran over a foreigner with a van was convicted on June 29 of causing grievous hurt by dangerous means, after a High Court judge rejected his claim that he had fallen asleep at the wheel.

The Singaporean driver, Toh Sze Ee, and the 32-year-old Bangladeshi victim Hossen Selim were acquainted through their dealings in contraband cigarettes.

In convicting Toh, Justice Andre Maniam said: “I am satisfied beyond reasonable doubt that the accused remained in control of the van at the material time, and that he intended for the van to collide into, and run over, the victim.”

The judge noted that Toh had a motive for wanting to hurt the victim.

In February 2023, a month before the incident, Hossen was arrested during a raid by Singapore Customs.

Toh evaded arrest but later confronted the victim as he suspected that Hossen had implicated him.

The judge also rejected Toh’s claim that he was a drug addict and had fallen asleep at the wheel due to methamphetamine withdrawal.

Psychiatrist Charles Mak assessed that it was unlikely that Toh had fallen asleep due to fatigue as a withdrawal symptom.

The psychiatrist said Toh did not meet the diagnostic criteria for stimulant withdrawal on the day of the collision.

Among other things, Mak noted that Toh was able to socialise, coordinate the delivery of contraband cigarettes, use a navigation app, and complete a U-turn shortly before the collision.

Hossen suffered serious injuries, including multiple rib fractures, skull fractures and a broken neck. He died in Bangladesh around two years after the incident.

Toh was initially charged with attempted murder over the incident, which took place along Kaki Bukit Avenue 5 on March 16, 2023.

At the end of the trial, the prosecution submitted that the charge should be amended to one of voluntarily causing grievous hurt by dangerous weapons or means.

Toh and Hossen had arranged to meet on the day of the incident.

At about 5pm, Toh was driving along Kaki Bukit Avenue 5, towards Kaki Bukit Road 4, when he made a U-turn.

Hossen was cycling on the other side of the road, towards Kaki Bukit Road 5.

Toh, who did not have a valid licence to drive a van, then collided into the victim.

The collision was captured by dashcam footage from a tipper truck and a private bus parked along the road.

Toh stopped about 40m down the road, alighting to check the front of the van.

Toh later phoned Teo Kim Chiew, his associate in the contraband cigarette trade, and told the latter that he had knocked down a Bangladeshi in Kaki Bukit Avenue 5.

When Teo arrived at the scene, a passer-by had already called for an ambulance, which took Hossen to Changi General Hospital.

When Toh met Teo in Tampines, he said that the victim had suddenly cycled into his path.

Toh and Teo then drove separately to an abandoned warehouse in Defu Lane 12 to dispose of the contraband cigarettes in the van.

Toh abandoned the van, rented by a man named Nicholas Gabriel, on the road outside the warehouse.

A few days later, when Toh’s girlfriend, Irene Kwok, asked him about the incident, he told her that the victim had suddenly turned right and he could not brake in time.

The judge noted that Teo and Kwok said that Toh had told them the collision happened because the victim had suddenly moved into his path.

“It is incongruous for the accused not to have told Teo and (Kwok) he had fallen asleep at the wheel – if that is really what had happened,” said the judge.

During the trial, Teo sought to change his account on this. He said Toh did mention to him that he had fallen asleep. He said his earlier statement that Toh told him the victim had suddenly cycled into his path was not correct.

The judge said Teo was just changing his evidence in an attempt to help Toh.

He said the circumstances surrounding the collision also showed that Toh was in control of the van.

In the few seconds between the time when the van made the U-turn and the collision, the van was seen moving away from the left side of the road, thus avoiding a collision with the back of the parked truck.

Toh will be sentenced at a later date.