XX Peter Toh (Defence)

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Cross-Examination of Peter Toh

With Your Honour’s permission, I will begin my cross-examination of Mr Peter Toh. Thank
you.

Inconsistencies about the Injuries


Mr Toh, I refer you to paragraph 3 of your Yes.
Statement. You claim that the accused, Mr
James Biker, kicked you viciously, correct?

And every time you got up, the accused hit Yes.
and kicked you?

You also claim that the accused hit you very Yes.
fast and they were hard punches on your
chest and all over your body, correct?

The accused also hit your chest so many Yes.


times that you cannot recall how times you
were hit?

And as a result of these attacks, you Yes.


suffered serious injuries to your chest and
right leg, correct?

Mr Toh, this attack occurred around Yes.


11.05pm on the 14th of September 2011,
correct?

And you were medically examined at Yes


Alexandra Hospital at around 3.49am on the
15th of September 2011, correct?

So, between the time you were attacked and Yes.


the time you were examined at the Hospital,
about 4-5 hours has passed, am I right?

Mr Toh, but you only suffered abrasions Yes


over your leg area and tenderness over your
left chest, correct?

If no: I now refer you to the Medical Report.


According to the Report

Mr Toh, these injuries recorded seem No.


inconsistent with the attack you described,
isn’t it?
You said you were kicked and punched No.
viciously all over your body and yet you
only suffered abrasions over your legs and
tenderness on your left chest.

So, Mr Toh, the attack did not take place the


way you described it isn’t it.

Mr James Biker did not viciously attack you


in the manner you described.

“Natural Reaction”
Moving on, Mr Toh, in paragraph 3 of your Yes.
Statement, you said that the accused
overtook your car from the left and cut into
your path correct?

And you claim that the accused suddenly Yes.


jammed his brakes, correct?

And then he braked a few times in front of Yes.


you, correct?

He then alighted from the motorcycle and Yes.


was shouting at you and uttering vulgarities,
correct?

He even kicked the driver’s door, correct? Yes.

Mr Toh, based on your account of the Yes.


events, it seems that the accused is a
threatening person, isn’t it?

If no: Mr Toh, you have seen the accused Yes.


before the court, correct?

And the accused is 1.8 metres tall and quite Yes.


bulky, correct?

And you are telling me that you did not feel No.
threatened when the accused approached
your car, especially shouting and hurling
vulgarities at you?

And you are telling me that your natural Yes.


reaction is to lower the car window?
Exposing yourself and your friends to this Yes.
threatening person?

Inconsistencies with Chan Toon Kiat’s Statement


Mr Toh, in paragraph 3 of your statement, Yes.
you also claimed that when you wound
down the window, the accused grabbed your
neck and strangled you very hard, correct?

You were strangled to the point where you Yes.


could not breathe?

Mr Toh, I now refer you to paragraph 2 of Yes.


Mr Chan Toon Kiat’s statement. Mr Chan
said that the accused only grabbed your
shirt, correct?

Mr Toh, do you know what is the difference Yes.


between grabbing your shirt and strangling
your neck?

There is a significant difference between Yes.


these two actions, isn’t it?

So, are you saying that Mr Chan is lying in No.


his statement?

Are you then lying in your statement? No.

Mr Toh, I now refer you to the Medical Yes.


Report again. There is no mention of any
injuries to your neck, correct?

Are you suggesting that the doctor who


examined you missed out such a crucial and
obvious injury?

Are you saying that you forgot to mention


such an important injury to the doctor?

Mr Toh, in light of all these inconsistencies


in your statement, I put it to you that you are
lying about the events that took place on 14th
September.

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