Mr Coomaraswamy went on to tell the judge that he took the precaution of having another lawyer at his office, somebody from an entirely different office and totally unconnected with the case, who was there throughout the interview, and the purpose for which he was there was also known to the witness, and there was absolutely no question of tampering with the witness in any way. His Lordship: It is not suggested in your case. You say it was done under circumstances over which you had no control. I accept your explanation. Mr Coomaraswamy: In that case I wouldn’t pursue this point. His Lordship: And I shall tell the jury in the clearest terms what their duties are in this case. If there is anything you would like me to add to what I am going to say on this please let me know. I will do it.
When, days later, Justice Buttrose began his summing up he did in fact refer to this matter. He recalled that he had queried the propriety and the wisdom of Mr Coomaraswamy interviewing the key witness for the prosecution after Sunny Ang has been charged with murder. The judge said that he had accepted Mr Coomaraswamy’s explanation, in that, according to his lights at any rate, he did what he thought was proper in the interests of his client. “You will,” said the judge, “remember that the boatman, in his evidence, said that he never changed his story, nor did anyone ever ask him to do so… you will dismiss that incident from your mind entirely.”
Before the fifth day of the trial was over the judge had been told to his astonishment that Yusuf had been brought to the Supreme Court by Sunny Ang and a lawyer on 29 October 1964 (14 months after Jenny had disappeared), to swear an affidavit. His Lordship: The accused himself came to Pulau Brani to see you? Yusuf: Yes. His Lordship: Who was the lawyer he took you to? Yusuf: I do not know the name of the lawyer, my Lord. He is hunch-backed and bald-headed. His Lordship: Let me look at those affidavits. (He examines them.) Presumably somebody from Lim and Lee. Who is this hunch-backed lawyer? Mr Coomaraswamy: Mr Lim Tiong Quee, my Lord. His Lordship: More remarkable evidence, Mr Coomaraswamy. Mr Coomaraswamy: Well, this was long before the accused was arrested. His Lordship: I am once again startled-not by you, but by what has been going on in this case. Very well, the jury will no doubt form their own conclusion. Anyhow, the accused approached you personally at Pulau Brani, brought you back and you saw somebody from Lim and Lee. And you were then, presumably, asked to swear an affidavit. Right? Yusuf: Yes.
Evidence was also given that Sunny Ang made an affidavit (which was not read out in Court) and that Yusuf in his affidavit said he agreed with it when it was read over to him. Crown Counseclass="underline" Did the girl speak to the accused in any language other than English? Yusuf: The girl spoke one or two words in Malay. Crown Counseclass="underline" Can you remember what they were? Yusuf: ‘ Banyak chantek pandang dalam ayer. ’ (Very beautiful under water.) Crown counseclass="underline" The rest was in English which you do not understand? Yusuf: That is so. Crown Counseclass="underline" Your affidavit confirms that what Jenny said to the accused was true: how do you explain that, if you don’t know what she said? Yusuf: Well, I believed the accused when he told me so.
Later, Yusuf was questioned about Sunny Ang’s conduct. Crown counsel reminded him he had made a statement to Malaysian Adjustment (an insurance investigation agency) that Ang was actually weeping. In another statement he said he did not know whether the moisture on Ang’s face was tears or sea water. Yusuf: I remember that he was weeping because the tears came out. Crown Counseclass="underline" Now you say he was in tears? Yusuf: Yes. Crown Counseclass="underline" You saw tears: did you hear him crying? Yusuf: No, I did not hear him. Crown Counseclass="underline" Those tears or water you saw. What was the volume? How many drops? Did they flow fast and furious? Yusuf: I merely saw tears over this part of the face below the eyes. His Lordship: Just a little moisture that you saw? Yusuf: Yes. His Lordship: Which appeared to you to be tears having come from the eyes? Yusuf: Yes.
Vernon Bailey, a marine officer attached to the Singapore Marine Department, gave evidence that the channel between the two Sisters Islands is not very wide. The narrow channel he described as ‘something in the nature of a funnel’. His Lordship: A funnel between the two reefs, is that it? Bailey: Funnel between the two islands and between the two reefs. His Lordship. Which makes it a more constricted funnel? Bailey: It makes it a more constricted area, the funnel. By nature of the channel between the islands the water is almost pushed in. His lordship: Sucked in? Bailey: Sucked in and blown out the other end. His Lordship: It blows out? Bailey: Yes, accelerates and blows out and you get whirls and eddies which are sort of circular motions of the water, not to be confused with a whirl, a circular motion of water. His Lordship: Of some force, of some severity? Bailey: Of some considerable force.
On Friday, 7 May, the sixth day of the trial, Sunny Ang’s 15-year-old brother, William, was called by the prosecution to give evidence that Sunny had taught him to scuba-dive. He had been scuba-diving for six months and had read Sunny’s books on the subject. He said that Sunny had warned him about the hazards. Crown Counseclass="underline" What were the hazards against which he warned you? William Ang: The hazards were mainly caused by pressure. Well, when you are diving and you are about to go up at say from 50 feet, the pressure below is always greater than the pressure above, so that as you go higher the air in your lungs will expand. So you must release some of the air when you go up, or else your lungs will, with the air inside, expand and burst your lungs. Therefore, it is very important to go up very slowly.
The green flipper was produced and crown counsel asked the witness if he recognized it. William Ang: I think I do. Crown Counseclass="underline" That was one of the two, which you borrowed from David Benjamin Woodworth? William Ang: I think so.
David Benjamin Woodworth, a student, was a classmate of William Ang in 1963, and he gave evidence that he lent William two pairs of flippers. Crown counseclass="underline" Is that one of the green pair you lent him? Woodworth: Yes. Crown Counseclass="underline" And when you lent it to him in what condition was it? Woodworth: I think it was in good condition. Crown Counseclass="underline" Was the strap burst? Woodworth: No. Crown Counseclass="underline" Or cut in any way? Woodworth: No.