SINGAPORE: A person who was caught for drink driving after almost flattening a person at a carpark claimed trial to the cost, claiming that the breathalyser check studying was affected by Bonjela oral gel he had been making use of to deal with mouth ulcers.
Simon Tham Saik Mun, 52, was convicted of the cost and sentenced to 3 weeks’ jail, a high-quality of S$6,000 and 4 years’ driving ban.
Tham is interesting towards the conviction and sentence, and is on bail pending attraction.
In a judgment revealed on Tuesday (Feb 7), District Decide Teoh Ai Lin set out her causes for convicting Tham, who’s a repeat drink driver.
The prosecution’s case was that Tham drank beer in a pub on the night time of Jun 13, 2019.
Within the early hours of the subsequent day, he drove his van house and parked in an open-air automobile park at Block 146, Yishun Road 11.
A passer-by was almost knocked down by Tham, and the pair started arguing. The passer-by known as the police saying, “drunk driver wants to hit me”.
Two cops went down and located Tham smelling of alcohol. He failed a cell breathalyser check and was arrested for driving drunk.
Tham was given a breath check at Woodlands Police Division HQ and the machine recorded a failed blow with the message “alcohol concentration not stable”.
The second blow yielded a check results of 75 micrograms of alcohol per 100ml of breath, above the prescribed restrict of 35 micrograms.
THAM’S DEFENCE
Tham, who was represented by Adrian Tan and Theenan Narendra Mudaliar, testified that he had consumed lower than half a jug of beer and there was “no way” his alcohol degree might be 75 micrograms per 100ml of breath.
He stated he had been affected by ulcers on each side of his internal cheeks the week earlier than his arrest.
A number of days earlier than the incident, he was consuming hen rice when a bone broken his higher molar. Tham stated he tried to make an appointment with a dentist however couldn’t safe a slot.
As he skilled acute ache at any time when he drank chilly water, he purchased some Bonjela oral gel for ache aid. He stated he had been repeatedly making use of the gel all day on his ulcers, together with when he was within the pub, earlier than his arrest.
This elevated the breathalyser studying, Tham claimed.
He known as his personal skilled witness to testify on the consequences of Bonjela gel ingestion on the breath alcohol focus.
Mr Ben Chang Keng Peng, a specialist from medical tools provider Alcotech, testified for Tham’s case, saying that ingestion or software of Bonjela gel had an impact on an individual’s breath alcohol focus.
Based on a report he tendered, a breath check carried out instantly after making use of Bonjela gel confirmed a optimistic breath alcohol studying above the prescribed restrict.
Exams carried out at one-minute intervals continued to indicate optimistic breath alcohol readings for 10 minutes earlier than dropping to zero.
Nonetheless, after an episode of belching, optimistic breath alcohol readings have been once more detected for one more 9 minutes, regardless of the sooner zero breath alcohol readings that had been recorded.
THE PROSECUTION’S EXPERT WITNESS
In distinction, the prosecution’s skilled witness, Dr Yao Yi Ju from the Well being Sciences Authority, stated that the breathalyser check was measured shut to 2 hours after Tham’s final software of Bonjela gel.
The quantity of alcohol left within the mouth or abdomen underneath regular circumstances can be minimal to trigger any vital elevation of the breathalyser studying, even when Tham had belched, she stated.
She concluded that it was unlikely that the Bonjela gel would have made any vital contribution to the breathalyser studying. She additionally stated it was irrelevant that Tham had utilized the gel many occasions all through the day, because the gel would have been eradicated alongside the way in which and wouldn’t accumulate.
Nonetheless, she stated that the opportunity of the gel contributing to the breathalyser studying couldn’t be completely dominated out with a single breathalyser studying, because it was unclear if Tham had utilized the gel onto his cracked tooth, the place some gel might have turn into trapped.
The choose stated the undisputed proof of specialists from each side was that the Bonjela gel contained ethanol, and its software within the oral cavity would ultimately be ingested by the accused. Making use of Bonjela gel had an identical impact to the consumption of alcohol, she stated.
The primary challenge was whether or not Tham’s alcohol breath check would have exceeded the restrict had he not utilized the Bonjela gel after he stopped driving.
It was on Tham to show that his breathalyser studying wouldn’t have exceeded the prescribed restrict, had he not utilized the gel after he stopped driving.
The choose stated she didn’t discover Tham to be a reputable witness and didn’t imagine his claims as to how a lot alcohol he had drunk.
“In court, he had made various attempts to embellish his defence,” she stated. “For example, in his police statement, he said he drank half a jug of beer and he last applied Bonjela gel while seated in his vehicle checking his handphone, but in court, he claimed that he drank less than half a jug of beer and that he could have applied Bonjela gel after his altercation (with a passer-by) and his arrest.”
She stated Tham had failed to indicate that his software of the gel greater than two hours earlier than he gave his breath pattern had any impact on the breathalyser readings.
He additionally didn’t deal with how any residual Bonjela gel might have contributed to his extra breath alcohol focus.
As Tham was convicted earlier than in 2016 of drink driving, he was chargeable for enhanced punishment.
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