Miscarriage No 1

June 30, 2007
Jailed robber revealed to have low IQ
Ex-teacher queried why it was not considered in sentencing after reading trial report; court orders mental evaluation
By Khushwant Singh


A TEACHER'S chance reading of a newspaper report about the trial of a former pupil has prompted an appeal process that could result in the 20-year-old man convicted of robbery avoiding a prison sentence.

Reading about the case, Mrs Vasantha Povil wondered why there was no mention of the fact that Emmanuel Munisamy was mentally retarded, and decided to do something about it.

During the appeal yesterday, Justice V.K. Rajah ordered a further psychological evaluation to see if Emmanuel was suitable for reformative training.

Emmanuel is being represented by Mr T.U. Naidu, a lawyer Mrs Povil called after reading the newspaper report.

In February, District Judge See Kee Oon had ordered Emmanuel to be jailed for eight years and three months for two counts of robbery and hurting a police officer. He was also to be caned 24 times. The judge decided against reformative training because of previous convictions for theft and threatening a policeman.

The district court was not told that Emmanuel had a low IQ. When Mr Naidu mentioned this at the appeal on April 17, the prosecution asked for an adjournment to determine his mental condition.

In his report submitted to the High Court yesterday, prison psychologist Daniel Koh found that Emmanuel had an IQ of 66, which he described as being in the 'extremely low range of intellectual ability'.

In another report, Dr Tan Soo Teng, the prison psychiatrist, noted Emmanuel was 'mildly intellectual deficient and that this mental retardation would have compromised his ability to assess and analyse the meaning of events around him'.

Arguing that the sentence should stay, Deputy Public Prosecutor Christina Koh said that Emmanuel was a danger to society as he was a serial offender.

'It's hoped that this fairly long jail sentence and the 24 strokes of the cane would deter him from re-offending,' she said.

Mr Kumar argued that if Emmanuel's previous lawyer knew of his client's mental condition, he would surely have asked for the case to be heard in the Community Court.

Chief Justice Chan Sek Keong set up the Community Court last June to deal with offenders with special needs, including those with mental disabilities.

Noting that imprisonment was not a long-term solution, Justice Rajah noted that 'we should try to set him on the right path as his low IQ makes him susceptible to peer influence'.

The court will make a decision next month after reading the psychological report.

Throughout the hearing, Emmanuel sat in the dock looking as if he was trying very hard to follow the proceedings.

At age six, he was enrolled in a normal school. But he was moved to the Chaoyang School for children with low IQs when he was in Primary 3.

He also did not complete his national service as he was discharged for absenting himself without permission repeatedly.

Mrs Povil, who had taught Emmanuel for three years at Chaoyang School, contacted Mr Naidu, a volunteer with the Association for Persons with Special Needs, after reading about her former student in The New Paper.

She also remembers him winning a medal at the Special Olympics in the United States in 1999.

The 54-year-old teacher said: 'I was surprised that the sentence was so harsh and that there was no mention that he was of low IQ, so I thought I'd better bring it up.'

khush@sph.com.sg