Community-based sentence for elderly man who slapped MRT passenger

SINGAPORE — Instead of a jail term, a tipsy elderly man who slapped an MRT passenger after his sexual advances were rejected last April was given a community sentence, comprising a short two-week detention, on Tuesday (June 12).

From Tuesday, the man — 71-year-old business development manager Gan Thean Soo — will also have to undergo a day reporting order for six months and perform 100 hours of community service order within 12 months.

Conditions under his day reporting order include a curfew to remain indoors between 11pm and 6.30am, as well as orders to attend counselling at a Family Service Centre and to continue with his treatment in the Institute of Mental Health (IMH).

Gan, who had earlier pleaded guilty to two charges of voluntarily causing hurt and causing harassment, had accosted Mr Joseph Flynn De Marini in a Punggol-bound train on the North-East Line on April 19 last year, following a drinking session in Chinatown.

Another charge of causing public annoyance by raising his voice in that same incident was taken into consideration during sentencing.

Court documents stated that the 25-year-old American was seated opposite Gan in the same carriage with his female friend, 20-year-old Li Zixin, when Gan walked towards him and started insinuating that Mr Marini was gay. The elderly man also uttered vulgarities, said he wanted to kiss Mr De Marini, and asked the American — more than once — if he wanted to have sex with him.

He then slapped Mr De Marini, who refuted his gay allegations several times.

Gan insisted that Me De Marini had "signalled" him after two commuters stepped in to intervene.

A four-minute video of the incident went viral on social media last year after Mr De Marini uploaded the footage on Facebook. He reported the incident to the police two days later.

In a hearing two months ago, Gan's lawyer Philip Loh sought a community-based sentence for Gan in lieu of imprisonment as he painted a picture of his client as a man suffering from depression due to family-related issues, which in turn led to an alcohol problem.

Mr Loh had told the court that Gan's adult son and daughter had distanced themselves from him, feeling "short-changed" that their father had sold his landed property at 34 Binchang Rise in Bishan more than 10 years ago for S$2 million to settle his debts when the property is now valued at S$5.4 million.

They also "blamed him for his foolishness" for getting into debt sometime between 2004 and 2006, after apparently getting cheated by a good friend.

As a result, Gan had not seen his son since a family member's funeral in 2017, nor had he met his second grandchild since her daughter gave birth to her, the defence lawyer noted.

The court that day also heard that Gan was referred to the IMH for alcohol and psychological treatment following the MRT incident, but he did not follow up with them.

It had prompted District Judge May Mesenas, who sentenced Gan on Tuesday, to urge him to follow up with his treatment options at IMH if he is "really genuine" in fixing his alcohol problem. "A follow-up is an indication of willingness. At least do something about it," she had told Gan.

For his charge of voluntarily causing hurt, Gan could have been jailed for up to two years and fined S$5,000. For harassing Mr De Marini, he could have been slapped with another six months' imprisonment and fined S$5,000.

Pointing out that Gan had cut down his alcohol intake since that day, Mr Loh had assured the judge that Gan has the "willingness to seek proper treatment" for his alcohol and family-related issues if his sentence is community-based.