David Marshall: What is Justice?

Continuation of extracts from Alex Josey's The David Marshall Trails (Singapore: Times Books International, 1981) pages 246-7:

They found out about him pestering Mei-lin*. They were not surprised: in Johore, Bellows* had a reputation for manhandling girls whenever he had had a drop too much. He had been involved in several nasty fights over bargirls in some of the more disreputable night haunts.

Altogether they seemed to be plenty of evidence that Ah Tong* might have a good cause for assaulting Bellows but hardly enough to suggest murder. In any case was Ah Tong strong enough to swing a heavy parang (long sharp knife) with such murderous intent? It must have been a very determined blow that struck Bellows, a blow that needed considerable effort and strength. Hatred brings strength, sometimes. The evidence in the diary could not be ignored.

When the police told Ah Tong that they might have to arrest him in connection with Bellows' murder, two things happened very suddenly.

Firstly, a young man stepped forward and confessed to the murder. His name was Foo Chan*. Second, the village headman telephoned the Old Man's (David Marshall's) office to retain his services, "no matter what the cost", he said.

The Old Man hurried to the village, talked to the headman and to the young man who had confessed to killing Bellows.

Then the Old Man inspected the scene of the crime. He was puzzled by the young man's attitude. He seemed not the slightest bit worried. He had no remorse. When the Old Man asked him why he killed Bellows, the young man said, in translation, that he'd picked up the parang in the store, followed Bellows and struck him.

"Yes, yes," said the Old Man. "That was how you killed him. But why?"

"Why?"

"Yes, why did you kill him?"

For a moment Foo Chan hesitated. Then he said, as though remembering his lines in a play: "Oh yes. Because he was a bad man."

"That hardly seems sufficient reason for you to crease his skull with a parang." muttered the Old Man.

No man looked less like a murderer than Foo Chan. He did not look like a peasant. He looked more like a studious student, a research student. What was he doing in this village? His place was in the classroom, or a laboratory in a university, not in the padi fields. Short, plumb, gentle, he wore wore large spectacles, clean white shirt, creased white trousers. His nails were short and clean. Try as he could the lawyer could not visualise Foo Chan creeping up behind the taller Bellows and summoning enough rage and strength to plunge a parang into Bellow's head. He didn't look capable of swatting a fly.

The Old Man was experienced: he had defended many men accused of murder. Murder was usually a one-time affair, unpremeditated, emotion playing the predominant part. Most murderers look unlike the conception of a killer. But Foo Chan! He appeared entirely without emotion. He treated the Old Man with respect, having apparently no fear that in this man's hands rested his future existence. He sought no assurances. He seemed perfectly satisfied that he was in no danger.

The Old Man went back to the headman and told him that he could only take the case and defend the young man on the distinct understanding that Foo Chan permitted him to decide the method and form of defence. Willingly, the headman at once agreed. Any conditions the Old Man laid down would be faithfully carried out. The village had absolute confidence in him.

"You realise, of course, that if I fail, this young man will hang?"

"Because you are defending him, we know that he won't," replied the headman with a bland smile.

"Let us not carry trust too far," warned the Old Man, a little shaken.


TO BE CONTINUED


*fictitious names but real persons

David Marshall Trials (5)

Continuation of excerpt from Alex Josey's The David Marshall Trials (page 246):

It was not until they found Bellows' diary, and the entry about the threat by Ah Tong, that the police began to probe.

The parang (long knife)certainly came from Ah Tong's general store. There were no fingerprints on the handle. Somebody had wiped them off.

The police soon discovered that Ah Tong and Bellows* frequently quarrelled. They found out about him pestering Mei-lin. They were not surprised: in Johore, Bellows had a reputation for manhandling girls whenever he had had a drop too much. He had been involved in several nasty fights over bar girls in some of the more disreputable night haunts. Altogether they seemed to be plenty of evidence that Ah Tong might have a good cause for assaulting Bellows but hardly enough to suggest murder. In any case was Ah Tong strong enough to swing a heavy parang with such murderous intent? It must have been a very determined blow that struck Bellows, a blow that needed considerable effort and strength. Hatred brings strength, sometimes. The evidence in the diary could not be ignored.

When the police told Ah Tong that they might have to arrest him in connection with Bellows, two things happened very suddenly. Firstly, a young man stepped forward and confessed to killing Bellows. His name was Foo Chan. Second, the village headman telephoned the Old Man's (David Marshall's) office to retain his services, "no matter what the cost", he said.

The Old Man hurried to the village, talked to the headman and to the young man who had confessed to killing Bellows.

Then the Old Man inspected the scene of the crime. He was puzzled by the young man's attitude. He seemed not the slightest bit worried. He had no remorse. When the Old Man asked him why he killed Bellows, the young man said, in translation, that he'd picked up the parang, followed Bellows and struck him.

TO BE CONTINUED

*fictitious name but real person

The David Marshall Trials -4

Continued from previous extract of The David Marshall Trials by Alex Josey.

"Don't think I won't," he yelled and threw a flaming touch into a nearby box of paper and charcoal. The paper flared up and Bellows* lurched forward and caught Ah Tong by the shirt, preventing him from putting out the flames.

Screaming, Ah Tong's daughter rushed forward, burning her hands while beating out the fire.

"You mad bastard," said Ah Tong. "I'll kill you for this." Ah Tong said with vehemence and drunk though he was, Bellows remembered it later that night when he wrote up his diary. "Must watch Ah Tong," he pencilled. "Today he threatened to kill me."

To the astonishment of the villagers, towards twilight, Bellows managed to stagger to his jeep and drive away. They never thought he would make it back to Johore, where he lived.

He did not die till a week later. When the police summoned by the villagers, arrived they found his body half-way between the general store and his jeep, lying on soft earth soaked with Bellow's life blood. A parang (long knife) was still half buried in his skull. He'd been struck from behind. None of the villagers would admit that they knew what had happened. There was a conspiracy of silence.

At first the police was prepared to believe this was another attack by militant communists, but they were puzzled by the complete silence of the villagers. When the police asked the headman if he thought the communists had been responsible, the Chinese replied non-committally: "Maybe. Nobody saw what happened."

*fictitious name but real person says the author

TO BE CONTINUED

Defending the Wrong Person (Pt 2)

Continued from In Defense of the Wrong Man, Alex Josey's The David Marshall Trials (Singapore: Times Books International, 1981)...

Alf Bellows had a great deal of power.He could make life miserable for the villagers by ruthlessly and unnecessarily applying all the appropriate emergency regulations. He was not corrupt: he was a drunken bully who enjoyed making people unhappy.

All the villagers hoped the communists would kill him. He had been shot at once coming to the village on an inspection visit, but he'd driven straight through the ambush and had arrived at the village, much to the disappointment of the villagers, unscathed.

That hot afternoon, Ballows had got very drunk. He always brought his own whiskey and drank it in the coffee shop. He was in his mid-thirties, and fat. He had a pig-like face, florid with sun and drink, small, bright blue eyes, heavy eyebrows. A fat nose spread across his face, and a thick moustache failed to hide thin, sneering lips.

He was an unpleasant person.To the Chinese he stank of unwashed sweat. He always found fault. The wire fence surrounding the village was not looked after properly. Ah Tong's reserve of rice was in excess of what was permissable; he was illegally keeping kerosine and rice in the same store. Bellows threatened to burn the store down if he found rice and kerosine together next time he came.

TO BE CONTINUED.

Defending the Wrong Person

One of the greatest Legal Eagles, whom I truly admire is undoubtedly a Singaporean Eurasian, the late Jewish ex-Prime Minister David Marshall. He was a man of great integrity and believed in truth and justice for every person.

Here is an extract of an interesting case with a slight sprinkle of dark humor, which he took up during the colonial era in Malaya. It is an excerpt from Alex Josey's The David Marshall Trials (Singapore: Times Books International, 1953).

In Defense of the Wrong Man

Twenty-five years ago, as Fred told the story, Alf Bellows, a European security man, a sort of district officer, was murdered in a small Chinese village in Johore, just across the Causeway, a couple of an hours' drive from Singapore. The man was a drunken sadistic bully. After a bout of heavy drinking, he would torment the keeper of a general store, a scraggy, unhappy Chinese with a large family and a wife dying of cancer.He was known to all the villagers as Ah Tong.Whenever Ah Tong could, he would try to fondle Ah Tong's teenaged daughter, Mei Lin who helped her father in the store. She was terrified of Bellows.

To be continued....