Kho Jabing
Kho Jabing, later in life Muhammad Kho Abdullah, was a Malaysian of mixed Chinese and Iban descent from Sarawak, Malaysia, who partnered with a friend to rob and murder a Chinese construction worker named Cao Ruyin in Singapore on 17 February 2008. While his accomplice was eventually jailed and caned for robbery, Kho Jabing was convicted of murder and sentenced to death on 30 July 2010, and lost his appeal on 24 May 2011.
Later, when the changes to Singapore's death penalty laws took effect in January 2013, Kho Jabing was granted a re-trial, and thus have his death sentence commuted to life imprisonment and 24 strokes of the cane on 14 August of that same year, only for his joy to short-lived, because on 14 January 2015, the life sentence was overturned and the death sentence was reinstated on Kho Jabing once again upon the prosecution's appeal. After a lengthy appeal process, and despite the public appeals for mercy on his life, Kho Jabing was finally put to death by long drop hanging at 3.30 pm on 20 May 2016 for his crime.
The prosecution's appeal in the case of Kho Jabing was also a landmark in Singapore's legal history, setting the main guiding principles for all judges in Singapore to decide where the discretionary death penalty is appropriate in future murder cases, which directly or indirectly affected both the sentencing and appeal outcomes of some murder cases that occurred in Singapore. Other than the death penalty issues in Singapore, Kho Jabing had also had an effect on the requirements of the Singaporean courts to reopen concluded criminal appeals and cases, which made its first effect on an unrelated capital case on 2 August 2017, leading to the acquittal of 34-year-old Nigerian citizen and alleged drug trafficker Ilechukwu Uchechukwu Chukwudi on 17 September 2020.
Early life
Kho Jabing was born on 4 January 1984, the eldest of two children and the only son in his family. His mother Lenduk Anak Baling reportedly gave birth to him in a taxi while on the way to the hospital.Kho grew up in Ulu Baram, Sarawak, living in a longhouse with his parents and younger sister Kho Jumai. His younger sister, with whom Kho shared a close bond, described him as a loving older brother, never having fought with his teachers, friends, or any others. He was also said to be active, helpful, hard working, and responsible.
Kho left school after finishing Primary 6 because his family was not well-off and could not afford to send him to secondary school to further his studies. After he left schooling, Kho worked at his family's plantation, and later as a technician for two years in Miri. After this, in 2007, Kho decided to leave Sarawak and move to Singapore to find employment, in hopes of earning a higher income to provide a better life for his family. While in Singapore, he made phone calls daily - once in the morning, and once at night - to his mother.
Murder of Cao Ruyin
On the afternoon of 17 February 2008, Kho Jabing, then 24 years old and an employee of a rag and bone company, together with four others - Galing Anak Kujat, Vencent Anak Anding, Alan Anak Ajan, and Anthony Anak Jaban - planned to rob two Bangladeshi construction workers and Vencent's colleagues from Vencent's workplace in Tiong Bahru. However, before the plan could be executed, the two construction workers had left with their boss. The five remained in Tiong Bahru for drinks.After that, at about 7 pm, the five travelled to Geylang for more drinks. In light of their earlier failure, they argued about whether they should commit robbery and murder in Geylang. Later on, Kho and Galing, then a shipyard worker, separated from the group. They walked for some distance and came upon two men walking along a pathway in an open space near Geylang Drive. The two formed a plan to rob the pair.
The two men - mainland Chinese nationals and construction workers Cao Ruyin and Wu Jun - were walking together in that same area after dinner when they were unknowingly targeted by Kho and Galing. Kho picked up a fallen tree branch and used it to hit one of the men, Cao, from behind. As Kho began to assault Cao, Galing went after Cao's companion Wu and assaulted him, but the 44-year-old managed to escape from Galing with minor injuries. However, Cao was continually struck on the head by Kho. Galing joined in by using his belt to hit Cao. The assault eventually stopped and the pair took Cao's mobile phone.
The unprovoked attack left Cao with 14 skull fractures that led to brain injuries. Cao was rushed to Tan Tock Seng Hospital where doctors operated on him to treat his head injuries. Despite the doctors' efforts, Cao slipped into a coma. Six days later, on 23 February 2008, Cao died at the age of 40. After Cao's death, forensic pathologist Teo Eng Swee conducted an autopsy and determined that the severe head injuries were the cause of death.
Arrest and trial
Arrests and indictments of Kho Jabing and Galing Anak Kujat
After robbing Cao Ruyin and Wu Jun, Kho Jabing and Galing Kujat regrouped with their three friends and they together sold Cao's mobile phone for S$300. The five men each received S$50, and the remaining S$50 was used to pay for their drinks and food. Nine days later, police investigations based on the retrieved phone records from Cao's handphone led to the arrests of both Kho and Galing on 26 February 2008. They were charged with murder under Section 300, which was a hanging offence and thus carried the mandatory death penalty under Singapore law at that time.Subsequently, their three friends - Vencent Anak Anding, Alan Anak Ajan, and Anthony Anak Jaban - were also arrested in connection to their attempted robbery of the Bangladeshi workers. The trio were all later found guilty and sentenced to imprisonment between 3.5 and 6 years and caning between 12 and 16 strokes of the cane in June 2009, a month before both Kho and Galing stood trial for murder.
When a police officer contacted them about Kho's arrest and involvement in the murder, Kho's family and friends in Sarawak were stunned and shocked to hear that Kho was involved in such a violent crime, given the non-violent personality they knew of him. Kho's younger sister said to a newspaper in 2015 about the news of her older brother's arrest, "Since young, he is not fierce or naughty at all. He is good. When we were growing up, he has never committed a crime, so we don't know why this happened to him."
Murder trial of Kho Jabing and Galing Anak Kujat
The trial of Kho Jabing and Galing Anak Kujat began in July 2009. Kho was represented by lawyers Johan Ismail and Zaminder Singh Gill, while Galing was represented by lawyers Chandra Mohan s/o K Nair and Chia Soo Michael, while the prosecution consisted of Deputy Public Prosecutors Leong Wing Tuck and Gordon Oh of the Attorney-General's Chambers. The case was heard before Justice Kan Ting Chiu in the High Court.Dr Teo Eng Swee, the pathologist who performed an autopsy on the victim Cao Ruyin, testified at the trial and presented his medical report, stating that he believed that the skull fractures on Cao was caused by at least 5 fatal blows or more, and one of these were possibly caused by either a blow or a fall on the back of the head. He added that the first fractures were caused with severe force, and the subsequent ones resulted from less severe impacts on the head. When presented with Galing's belt buckle by the prosecution as a possible weapon used to cause the injuries, Dr. Teo could not make any conclusions, but he confirmed from Galing's account that the tree branch which Kho used to hit Cao was capable enough to cause the fractures on Cao's skull. When cross-examined by Kho's lawyer over the possibility of a fall might cause the fractures, Dr. Teo noted that he could not rule out that the fracture as being due to a fall, but the injuries were generally due to blunt force. When re-examined by the prosecution, Dr Teo confirmed that a fall could not cause all the injuries sustained by Cao.
Cao's companion Wu Jun also testified how he was attacked by Galing and how he managed to escape and call the police, but he could not tell the court how his friend was attacked, whether himself or Cao was attacked first, or who attacked the deceased.
Kho testified that he only struck the deceased twice, but claimed he did not know the force exerted or where he aimed at; the prosecution later indicated that he said so in his police statements that he hit the victim on the head twice. Kho also insisted that he did not have the intention to kill Cao Ruyin, but only to rob him, stating that he felt deep remorse for causing the death of the victim. Kho also added that he was drunk when he robbed and assaulted Cao.
Galing also claimed no intention to commit murder. His account differed from his police statements; he initially told police he saw Kho hitting the victim several times, but at the trial, he insisted that Kho hit the victim only once. The police officers interrogating Galing were called to the stand and cross-examined by Galing's lawyer over the alleged inaccuracy of the statements. The officers maintained that they did not record the statements incorrectly.
High Court verdict
The trial ended on 30 July 2010, around two years and five months after Cao's death. Justice Kan Ting Chiu found both Kho Jabing and Galing Kujat guilty of murder committed under Section 300 and sentenced both of them to death by long drop hanging.In his judgement, Justice Kan determined that both Kho and Galing shared a common intention to commit robbery. He also determined that Kho's actions of causing the injuries on the deceased victim was in the furtherance of the common intention of the pair to rob the victim and his friend, and that the injuries he intentionally caused were in the ordinary cause of nature to cause death, which constitutes an offence of murder under Section 300 of the Penal Code. He also reject Kho's claim of alcohol intoxication as he cited that Kho was able to clearly recount the events that took place, showing full control of his faculties at the time.
Justice Kan stated that Galing's participation in the robbery was an indication that he knew that his accomplice's actions were likely to cause death and thus he would have to bear the same responsibility as Kho. Accordingly, Kan J convicted Galing of murder in lieu of the shared common intention to commit robbery, and sentenced him to death together with Kho.