He said that when Jenny surfaced she said they were not exactly over the spot they had marked out that day, but there were equally good coral where they were. Ang told the judge that Jenny got back into the boat and they chatted for 20 minutes to half an hour, during which time he got back to fixing the tanks. His Lordship: You were not in a hurry to join her in the next jump apparently? Sunny Ang: Neither was she. What I mean is we both got ready eventually at the same time. In fact we had both gotten ready and she was about to go down when she told me there was not enough air left in her tank. So I had to undo everything all over again.
He changed her tank, turned on the valve and Jenny dived into the water. Mr Coomaraswamy: Why did she go in first? Sunny Ang: It’s more or less a matter of courtesy. His Lordship: That she should brave the perils of the deep before you? Sunny Ang: Not exactly, my Lord, but always ladies first. His Lordship: I see, even in deep waters? Sunny Ang: Immediately she went down I tried to open the air valve in my own tank. It was rather awkward. I asked Yusuf to do it for me. He did, but there was a loud rush of air. So I asked him to turn it off immediately.
Together they took off the tank. “I soon discovered that the cause was that the washer that should have been between the regulator and the tank was missing.” He tried to improvise a washer, and so did Yusuf, but was unsuccessful. He tried to make use of the washer in the first tank Jenny used but damaged it and that was unusable. Mr Coomaraswamy: Did you have any reason to think that Jenny would have surfaced by now? Sunny Ang: No. What I mean is normally she is a patient girl. I thought she would have waited for me down there. His Lordship: How long did you think she would have waited? Sunny Ang: Ten to 15 minutes. Mr Coomaraswamy: Did you have any arrangement with her to wait for you? Sunny Ang: No. Before she jumped I told her she could go down first and I would follow immediately. Mr Coomaraswamy: Did you become anxious? Sunny Ang: Not immediately. When I realized I could not go down because of the missing washer, I signalled her to surface. I assumed she might be at the other end of the guide line. Mr Coomaraswamy: Did you have any pre-arranged signal? Sunny Ang: Yes. Three jerks meant come up.
Two minutes later, when she had not surfaced, and while he was still attending to his tank, he again pulled on the guide line. “I noticed there were no air bubbles breaking on the surface of the water.” Mr Coomaraswamy: What did you do? Sunny Ang: I was not alarmed. I thought she might have got tired of waiting for me and may have wandered off on her own. So I looked around and could not see any air bubbles. I then asked Yusuf to look around too. Mr Coomaraswamy: Did either of you see any air bubbles? Sunny Ang: We did not. Mr Coomaraswamy: What did you do then? Sunny Ang: My reaction was not one of alarm. His Lordship: What was your reaction? Sunny Ang: That she might have been playing with me; that is she might have been directly under the boat when the bubbles would not have been noticed; or she might have swum to and landed on one of the islands. His Lordship: One of the Sisters Islands? Sunny Ang: Yes. His Lordship: You seriously thought that at that time? Sunny Ang: Yes. His Lordship: Do you still think so? Sunny Ang: I don’t think so. Mr Coomaraswamy: Did you come to realize that day that an emergency existed? Sunny Ang: Yes, I looked under the boat on both sides but I could not see any bubbles at all, and both Yusuf and myself scanned both the islands for traces of footsteps or any other signs that would show that she had landed but we found none. It was about that stage I realized she had gotten into trouble. His Lordship: I would prefer the word ‘got’ to ‘gotten’. Mr Coomaraswamy: What did you do then? Sunny Ang: I then asked Yusuf what could be done. I vaguely remembered there was a telephone on St John’s. He confirmed this and we decided to go to St John’s to ring up for help. Mr Coomaraswamy: Did you at any time ask Yusuf to go faster? Sunny Ang: No, I did not. Mr Coomaraswamy: Why not? Sunny Ang: Because the boat went as fast as it could. Mr Coomaraswamy: Yusuf says that you were normal at that time. Could that be a correct description? Sunny Ang: I was alarmed. But there was no outward expression of it. Mr Coomaraswamy: He also said that at one time you were weeping, and further he said he saw tears in your eyes. Would that be correct? Sunny Ang: Water came out from my eyes, but there was no particular sign. His Lordship: He is saying the truth or what? Sunny Ang: I may have shed tears without consciously knowing it.
On the jetty at St John’s Island he met Jaffar bin Hussein, and told him what had happened, and he went to the telephone. He remembered running, but not whether it was to the telephone or back to the jetty. The judge asked, “Either coming or going?”
“That is so,” said Sunny Ang.
Asked about the disappearance of Jenny’s first tank while the Malay divers were searching for Jenny, Ang told the Court, “I gave a casual demonstration. I had forgotten that the tank was… I was under the impression that tanks are buoyant.” His Lordship: You have forgotten what? Sunny Ang: I was under the impression that tanks would float regardless whether they were full or empty. His Lordship: The tank sank? Sunny Ang: Yes. Mr Coomaraswamy: Did this happen in the straits between the two islands? Sunny Ang: Yes, more or less over the spot where Jenny disappeared. Mr Coomaraswamy: Why did you not dive into the water? Sunny Ang: With the Malay fishermen? Mr Coomaraswamy: Yes. His Lordship: Any time after you pulled the rope? Sunny Ang: The main reason was her air bubbles could not be located. She would be under where air bubbles were… I presumed she was nowhere around. So there was no point in diving. There were other vague and hazy reasons which crossed my mind, but they were not important. His Lordship: Other reasons? Sunny Ang: She might have been attacked by sharks. I think that is about all.
Defence counsel went on to ask him why he wrote three letters to the insurance companies the next afternoon. Ang explained that it was necessary in accident policies that notification should be given to the companies. “Any time limit?” asked the judge.
“No.” Ang replied.
In the afternoon, when the trial continued, defence counsel asked Ang if he had cut the green flippers Jenny had used. “No, I did not cut them,” said Sunny Ang.
The next question came from crown counsel. “Do you,” he asked Ang, “describe yourself as a truthful person?” The battle of wits which Ang had purposely sought by going into the witness-box, with the representative of the State, the people, had begun. Calm and at ease, Sunny Ang replied, “Normally I tell the truth. Sometimes I do tell white lies.” Mr Francis Seow: When do you depart from the truth? Sunny Ang: I cannot give you instances. Everybody does depart from the truth some time or other. Mr Francis Seow: Would you depart from the truth when it suits your purpose? Sunny Ang: Not exactly. Mr Francis Seow: Then when? Sunny Ang: I told you I cannot quote instances, but I do. Mr Francis Seow: In this particular case have you told any untruth? Sunny Ang: No. Mr Francis Seow: Not one? Sunny Ang: Not one untruth. Mr Francis Seow: Either to the insurance companies or to any person in connection with this case? Sunny Ang: I admit I did tell some untruths to the insurance companies. His Lordship: Would you describe them as white lies or blunt untruths? Sunny Ang: Untruths. His Lordship: They were falsehoods. Sunny Ang: Yes. Mr Francis Seow: To gain a certain purpose? Sunny Ang: Not exactly. Can you give me an example? Then I will tell you whether I did for a certain purpose or not. Mr Francis Seow: What about the letters to the Great Eastern Life for the purpose of getting insurance which Jenny had applied for? Sunny Ang: That was not the primary reason. The primary reason was to get commission, which I would get if the policy is accepted. His Lordship: You lied with the golden hope of gaining? Sunny Ang: To get commission. Mr Francis Seow: Where is Jenny? Sunny Ang: I do not know. Mr Francis Seow: Is she dead? Sunny Ang: Presumably so. Mr Francis Seow: Why do you presume she is dead? Sunny Ang: Because she has not been heard of since. Mr Francis Seow: If she is alive would she have contacted you? Sunny Ang: Yes. Mr Francis Seow: And she has done that? Sunny Ang: No.