Lorry driver loses appeal, starts 7-week jail term as he is found guilty of deliberately swerving into cyclist

Finally concluded after more than 1.5 years.

Belmont Lay | July 21, 2020, 01:40 AM

The verdict is out: A lorry driver who got into a collision with a cyclist will have to serve his jail term immediately after his appeal against his conviction and sentence were tossed out by the High Court on July 20, The Straits Times and CNA reported.

Viral case

The case gripped the nation when it first came to light after video footage of the incident circulated online.

It has finally concluded after more than one-and-a-half years of investigations and legal proceedings.

What was the case about

The lorry driver, Teo Seng Tiong, 59, had been earlier convicted in January 2020 in the State Courts of causing hurt to the cyclist, Eric Cheung Hoyu, 36.

Teo was also convicted for failing to report the accident to the police within 24 hours.

He was sentenced to seven weeks' jail, fined S$500 and disqualified from driving for two years.

Cheung pleaded guilty to committing mischief and causing obstruction by riding his bicycle in the middle of the lane instead of the leftmost side.

He was fined S$2,800 in April 2019.

Teo went to trial over the two charges.

He was subsequently found by the trial judge to have deliberately swerved his lorry into the cyclist.

What happened during altercation?

Teo was caught on video getting into an altercation with Cheung, 36, in Pasir Ris on Dec. 22, 2018.

Cheung was seen cycling in the middle of the left lane, in front of the lorry Teo was driving.

The cyclist struck at the left side mirror of the lorry, whilst moving to the left side of the lane.

Parts of the side mirror broke off.

The lorry then swerved left suddenly towards the cyclist, knocking him off his bicycle and onto the grass patch next to the road.

Cheung and Teo were arrested within three days of the accident.

How did the lorry driver make his appeal?

Teo's lawyer, Tan Hee Joek, argued that it was not proven beyond reasonable doubt during the trial that a collision between the lorry and Cheung's bicycle had occurred, ST and CNA reported.

The cyclist, the defence lawyer said, was "being aggressive" and had smashed Teo's handphone, and also made a false report about the incident first.

There was no evidence during the trial that Cheung's bicycle was damaged and that the bicycle cost S$7,000.

The cyclist was able to cycle home after the incident, so the bicycle could not have been damaged beyond use.

Tan also said the sentence meted out to the lorry driver was "manifestly excessive" and it was not a case of "road rage".

The defence lawyer also submitted that his client had wanted to avoid a taxi that was behind the lorry and had swerved to the left as a result.

The lorry driver had heard a "long horn" from behind him.

Tan said he thought that the sound of his lorry's side mirror breaking was that of the taxi colliding with his vehicle.

However, Justice Chan Seng Onn noted that the video showed the taxi beside the lorry, and there was a bus "at a distance" behind Teo's vehicle instead.

Deputy Public Prosecutor disagreed

Deputy Public Prosecutor Gabriel Choong disagreed with the defence and played video footage of the incident in court.

DPP Choong said the trial judge had made the correct conclusions in finding that it was a case of road rage.

The act of swerving into the cyclist was deliberate.

What did Justice Chan say?

CNA reported that Justice Chan raised several questions in response to the defence lawyer's arguments, such as "you mean the cyclist fell off on his own?"

Justice Chan also asked the lawyer how he expected the appeal judge to accept his defence if the district judge was not convinced by it during the trial.

Justice Chan subsequently said that even if the hurt to the cyclist had been indirectly caused, the hurt was still caused as a result of Teo's actions.

The two-year disqualification from driving was also upheld.