Pro bono cases: Ensuring worker did not plead guilty just because he didn’t understand the charge

SINGAPORE - A Bangladeshi machine operator, accused of causing a colleague to be crushed to death, had planned to plead guilty, but two pro bono lawyers got him acquitted in January.

A court date had been set for Sept 1, 2023, for Mr Uttom, 44, who goes by one name, to plead guilty to one charge of performing a negligent act which endangered the safety of workers.

He had been accused of causing the death of Mr Karuppaiah Selvaraj on Feb 24, 2020, at 11 Shipyard Crescent off Pioneer Road after pressing a button, causing a door to close on him. Mr Karuppaiah was pinned by the door and pronounced dead at the scene by a paramedic.

Mr Uttom approached the Migrant Workers Legal Clinic in October, as he did not understand the charge he was facing.

In November, Mr Yip Jian Yang and Ms Tan Su, lawyers from Pro Bono SG’s Criminal Legal Aid Scheme, were assigned to Mr Uttom’s case.

Speaking to The Sunday Times on Jan 26, Ms Tan said: “When we came on board, Mr Uttom told us he did not quite understand what had happened during the previous court hearings. He even indicated to the court that he would plead guilty, despite being confused by the charge he was facing.”

The lawyers said Mr Uttom was previously accused of pressing a button on a shear machine’s mobile panel, causing its door to close while the workers were carrying out maintenance work. The shear machine was used to cut scrap metal.

Mr Yip said: “Mr Uttom explained to us through a translator that he was instructed to press the button to raise the shear, which he did. However, it resulted in the door closing, as the two parts were operating in tandem.”

Mr Yip and Ms Tan met Ministry of Manpower (MOM) prosecutors in December in a confidential meeting to discuss the charge.

About a week later, the lawyers were told Mr Uttom would be given a discharge amounting to an acquittal, meaning he cannot be charged with the same offence again.

Ms Tan said: “When I called him to tell him the good news, I could hear the relief in his voice. It was like a weight had been lifted off his shoulders, especially since this case had been constantly on his mind since 2020.”

MOM’s investigations revealed that Kim Hock Corp, a company that processes scrap metal for export, had failed to implement adequate safe work procedures to control the risks posed to employees when performing maintenance works on the machine. The company had not ensured that all employees performing maintenance works on the machine were provided with proper training and instruction beforehand.

Kim Hock Corp was fined $240,000 over Mr Karuppaiah’s death.

While Mr Uttom’s case was before the courts, he continued working for the company.

Mr Yip said: “In cases like Mr Uttom’s, the fear of being in a foreign country and not understanding the language everyone else is speaking can really cause them to feel lost when faced with criminal proceedings.

“I’m glad there’s an avenue for migrant workers to get legal guidance and representation, and I’m thankful we’re making a difference in this way.”