On Monday, a man who caused his colleague lifelong harm while massaging him was fined S$3,000 (US$2,230).
The 32-year-old Ng Jian Ye Eugene entered a guilty plea to causing serious harm by endangering the personal safety of others. While the victim was in their office making a phone call, he twisted his neck, resulting in a cervical sprain or strain.
Ng’s attorneys, Suang Wijaya and Hamza Malik of Eugene Thuraisingam LLP, pointed out in his mitigation plea that he had previously represented Singapore in wushu. His teacher taught him about sports massage, and as a Muay Thai coach, he frequently gave massages to his friends and coworkers.
Victim on Phone Call
The defense said, as reported by CNA, “These massages are intended to and have helped his colleagues and friends with their pains, soreness and muscle aches.” On November 11, 2022, Ng came up behind the victim as she was using a headphone in the office to talk on the phone with a client.
After placing one hand on the victim’s chin and the other on the top of their head, he performed two clockwise and counterclockwise twists on the victim’s neck.
According to the defense, Ng had given the victim several massages at his request and had done so in “the routine way” on the day of the incident.
The 31-year-old victim did not react since he was on the phone, and Ng left.
Victim Consulted Orthopaedic surgeon
The victim experienced neck pain after the call ended, so he went to a clinic later that night and was given a five-day medical leave after being diagnosed with a sprained neck.
On November 16, 2022, the victim was referred for an MRI because he was still experiencing neck pain, and the results showed many degrees of disc desiccation.
The progressive loss of water, or hydration, from an intervertebral disc in the spine is known as disc desiccation.
On November 24, 2022, the victim consulted an orthopaedic surgeon, who determined that he had suffered a cervical sprain or strain. The victim was granted hospitalization leave until January 25, 2024, after the doctor determined that he had no pre-existing problems.
When the victim reported the occurrence to their company’s human resources department, the agency stated that they would consider it a workplace accident and that he might be eligible for reimbursement from the Ministry of Manpower (MOM) for the expenses incurred during his treatment.
TDCX, the firm, challenged a determination that the victim had suffered a permanent disability. In September 2023, the Work Injury Compensation Board issued a final determination of “15 per cent permanent incapacity” following MOM’s referral of him to a specialist panel.
On December 8 of that year, the victim filed a police report.
A letter from a mutual acquaintance who met the victim a month after the occurrence was brought up by the defense as mitigation. She stated in her testimony that the victim “did not show any signs of distress” and “acted completely normally.”
Although the defense acknowledged that this was a more cursory assessment, they emphasized the importance of considering “contemporaneous” observation.
Workplace Not Suitable for Massage
Melissa Heng, the deputy public prosecutor, responded by asking the court not to give the letter from this testimony any weight because it was an undated and unsigned document.
She emphasized that the medical report provided the most precise assessment of the victim’s injuries and added, “This does not constitute proof that the victim was indeed not in any distress or pain at the time.”
Heng said that the workplace is not a suitable place for a proper massage, despite the fact that Ng had massaged coworkers or other persons he knew.
A careless act that causes grave harm to another person carries a maximum sentence of two years in prison, a maximum fine of S$5,000, or both.
