SINGAPORE — A 76-year-old driver was found guilty on Thursday (July 13) of driving without due care and attention after he collided with an oncoming motorcycle at a discretionary right turn.

The accident left the pillion rider, 29-year-old Donald Ng, with likely permanent traumatic brain injuries and he will require a caretaker for the rest of his life. 

In convicting Yap Eng Gee, who had claimed trial, District Judge Wong Peck said that Yap's testimony was not credible.

Yap had claimed that the motorcycle was speeding — a fact that was disputed by the prosecution. 

He however also admitted that he did not stop at the stop line before making the discretionary right turn. 

Yap will return to court on Aug 17 for sentencing and remains out on bail. 

WHAT HAPPENED 

At about 9.11pm on Dec 30 in 2019, Yap was driving his car along Choa Chu Kang Road towards Bukit Panjang Road.  

As he was about to make a discretionary right turn to Galistan Avenue, he did not keep a proper lookout for oncoming vehicles approaching. 

He also did not stop at the stop line and continued turning as he did not notice the incoming motorcycle coming from his left. 

On the motorcycle were brothers Alfred Ng, 24, and Donald Ng, 29. The older brother was riding pillion. 

As a result of the collision, the victims were thrown off the motorcycle.
 
The younger Ng got up to check on his brother. However, the latter lay on the floor unconscious, spasming with blood flowing from his mouth and nose. 

Court documents stated that the rider suffered wrist fractures and had to undergo two surgeries. 

Meanwhile, the pillion rider suffered skull fracture with traumatic brain injuries, among many other injuries, and was hospitalised for about five months. 

“He underwent multiple neurosurgical procedures, but nonetheless suffers from serious cognitive impairments which are likely to be permanent,” court documents stated. 

Up to the date of the trial in 2023, the victim still suffered from cognitive impairments and was unable to make sense of what was happening around him. 

The court heard that the man would need a caretaker for the rest of his life as he would need help with daily tasks such as bathing.

He is also unlikely to hold any meaningful employment. 

COUPLE ARGUES WITH JUDGE

Before the judge could deliver her verdict, Yap’s wife, who was present in court in a wheelchair, started arguing with the judge. 

The wife said that the accused and her had been "suffering" for more than three years while the case was ongoing.  

Judge Wong told the woman that if she continued to be unruly, she would ask her to leave the courtroom. 

To this, Mrs Yap shouted: “I can complain about you also!”

She added that she was already in her seventies. At this point, Yap joined in and asked the judge to “be fair to him”.

Yap, who was not represented by a lawyer, pleaded for District Judge Wong to have a look at a video of the accident taken from another angle.

It is unclear what video he was referring to and where the video came from. 

After around 15 minutes, District Judge Wong told Yap that she had already given him a chance to speak.  

She then delivered her verdict. However, Yap continued to try to reason with the judge after, saying that many details mentioned during the trial were “erroneous”. 

For instance, Yap said that he did not collide with the motorcycle and it was the motorcycle who collided with his car instead. 

He also said that he had asked lecturers from a polytechnic how to calculate the speed of moving vehicles. 

“They taught me how so that’s how I could calculate that the motorbikes were speeding at 97km/h,” he said. 

The court had found earlier that the victims were not speeding and were travelling at around 30km/h. 

Yap went on for another few minutes before District Judge Wong cut in and asked: “Are you done?” 

She ordered Yap to prepare his mitigation plea and submit it by July 28, as well as to return for sentencing on Aug 17. 

For driving without due care and attention and resulting in grievous hurt, Yap could be jailed up to two years, fined up to S$5,000 or both.