The Court adjourned until Monday.
All the accused were in the dock again on 23 December, Dr Wong having sent back Khoo with a certificate that he feigned insanity and was fit to stand trial. The Judge addressed the Court and told the accused again that they might be able to delay the trial, but tried they would be, and according to law. He also warned counsel that it was not their duty to sit back with a complacent smile while this sort of conduct was undertaken by clients. It was their duty to advise their clients. If by their silence they sat back and allowed this conduct to continue, they would have to take the consequences. Mr Balclass="underline" Your Lordship seems to have said something gravely reflecting on the conduct of counsel in this case, and I for my part, if I may, respectfully protest to that, especially as to any manner of demeanour. If there has been anything improper in my demeanour I apologise, of course, but I really must protest because I have not. Judge: Mr Ball, you said last week, when we were arguing on the question of what had to be done, that it was through no fault of the accused here that we were in this position. Now nothing in my view could be more misleading or incorrect. It was entirely due to the conduct of your two clients that we are in the position we are today. I don’t propose to argue any further. Will you please resume your seat.
When the trial re-started again on 23 December suddenly it was noticed that Khoo (alias Stonehead) had fallen asleep. Judge: Sit up properly. Officiaclass="underline" He doesn’t want to. Judge: Well, make him. If necessary, tie him. I am not going to have the administration of justice flouted in this fashion.
‘Stonehead’ was duly strapped to the bench on which he sat.
Judge: If others feel so tempted they will be treated similarly. If necessary I will have a guard to each prisoner.
‘Stonehead’ again interrupted the proceedings in the afternoon when Ball said his client felt unwell having had a ‘lumbar puncture’. He was given a chair and told to make himself as comfortable as possible.
Interpreter: Accused has vomitted on the floor. Judge: Now I wonder if he could be asked why he waited until he came up here to do so instead of doing it in the cell below? Please get the amah to have it cleaned up so that we can proceed.
Wong Loke Hai, another witness for the prosecution, said he was a settlement attendant. He admitted that he had been sentenced to eight years in Changi for armed robbery before he became an attendant at Pulau Senang.
The Court adjourned for a week over Christmas and assembled again on 30 December.
While Robert Choo, another settlement attendant, was giving evidence, he identified Chua Hai Imm as a rioter. Chua swore at him. The Judge warned Chua. He shouted back at the Judge. Judge: If I have another sound from him I will have him gagged. If his counsel does not advise him, I shall take steps. It is quite scandalous. This is the last warning. If he does it again I shall have him gagged.
Mr Braga got the witness, Choo, to admit that he had been a member of the 13 Wonders gang (18- Chap Sar Yeo) but Choo denied he had ever been beaten up by Koh Teck Thow’s gang. The last gang fight he had was a very long time ago, with gang 329. He was assistant headman in his gang. He organised gang fights, but did not take part himself.
Witness Chia Teck Whee, a rehabilitation officer in the prison service, gave evidence that there had been 29 settlement attendants on Pulau Senang and 319 detainees.
Language had its problems. Chia Teck Whee gave his evidence in English. He was recalling a conversation in Dutton’s office in the morning. He had told of how one of the accused, Heng Lian Choon, had handed over his mug to his friend, See Kar Chua, a significant gesture that meant that Heng was about to leave Pulau Senang and was saying farewell. Mr Francis Seow: When he was telling you this where was Dutton? Chia Teck Whee: Mr Dutton was in his office. He sat on the chair in front of his table. Judge: He was seated at his desk. Chia Teck Whee: No. He sat on the chair in front of his table. Judge: When you sit at the desk you normally do not sit on it. When I sit myself at my desk I usually sit on the chair in front of it. He sat at his desk? Chia Teck Whee: On a chair. Judge: Leave it like that.
Inevitably, the evidence was repetitious. When, on 6 January 1964, Sergeant Warder Abdul Ghani bin Mohd. Ali was in the box, the Judge referred to this ‘tedious business’.
He said to Crown Counseclass="underline" “Why go into it? The jury must be as sick as I am with people running up to the circus and sitting down in the circus. If you have something to prove, prove it, but are you going to call all the witnesses who gave evidence at the preliminary inquiry?” Mr Francis Seow: I will call all of them. Judge: If you are calling them to prove something. When they have proved it, sit down. Mr Francis Seow: I am giving the background. Judge: If the jury and I don’t know the background by now we had better get hold of another judge and jury. I am getting utterly sick of it if you are going to get 80 witnesses to this court to tell the same old story that they saw rioters coming down Mess Road, and some from Workshop Road, and non-rioters squatting on the circus. I am getting a little tired of it.
A witness, Kok Ah Tong, ran into the sea and swam for his life. He floated until he was picked up by a boat. His nickname was Kiah See Kwai (a timid devil). He said he was not timid, just anxious not to get involved.
When Abdul Rahman bin Maryadi alias Tengku, another settlement attendant, was giving evidence, Seow asked him about the canteen. Did he see footprints on the wall, showing that somebody had climbed to the ceiling? Was the wall dirty? Judge: A few days ago I asked what was the good of this. No one in his senses will dispute that the place was razed to the ground. Why waste time on it? What I and the jury are interested in is are there any of those accused in the dock responsible? We want to know who did these things. Who were killed? Who did the killing? Have another look at the evidence. Don’t stumble along haphazardly.
On 7 January, Chua Hai Imm was reported to be sick again. His counsel, Mr Tann, said he was screaming his head off.
On 10 January at 10:45 AM, Tan Eng Hoe alias Khan Or was, on the application of Mr Francis Seow acting under Section 203 of the Criminal Procedure Code, stood down. Mr Francis Seow informed the Court that he had decided not to proceed further against him on the three charges. An independent prosecution witness had given evidence that Tan had been with him and had not been involved in rioting. The case against the other 58 accused continued.