Man convicted of punching motorist after judge rejects defence that he was provoked

SINGAPORE — A 57-year-old man was found guilty on Wednesday (March 9) of punching another motorist in a road rage incident at Jurong West in 2019, with a judge dismissing his claims of self-defence and being provoked by the other man.

Paul Gerard Mcnee, who is from Australia, was convicted of a single charge of voluntarily causing hurt to the victim on Aug 31, 2019.

Mcnee did not dispute the physical act of punching the victim’s cheek before the junction of Corporation Road and Jurong West Avenue 2. Dashboard-camera footage of the incident from another driver went viral on Facebook group Roads.SG in 2019.

The key issue was whether Mcnee's action were justifie, because he claimed that he was defending himself due to grave and sudden provocation on the victim's part. 

That day, both drivers were exiting the Pan Island Expressway to Corporation Road when Mcnee, in a bid to change lanes, started to swerve towards the victim who was travelling on the right lane. The victim then sounded his horn.

Mcnee stayed on the left lane until the victim, who was in the car with his two children, overtook him.

As they approached the junction, Mcnee changed lanes and stopped close to the victim's car when the traffic light turned red.

Mcnee then gestured at the victim to get out of his vehicle. 

When both men alighted and the victim walked over to Mcnee, he proceeded to strike the victim so hard that the victim’s sunglasses, which were perched on his forehead, flew off.

They then returned to their cars. The victim retrieved his mobile phone and walked back to Mcnee’s car to take photographs of him.

Mcnee, who had his son with him, drove off when the traffic-light signal turned green. The victim lodged a police report later that day and sought medical treatment for a cut and bruise on his lips at Ng Teng Fong General Hospital.

'VICTIM WOULD HAVE RETALIATED'

The prosecution argued that Mcnee was angry at the victim for sounding his horn and wanted to pick a fight with the victim.

Through his lawyers, Mr Shashi Nathan and Ms Tania Chin from Withers KhattarWong, Mcnee alleged that the victim behaved aggressively and mouthed vulgarities at him in an invitation to exit his car.

Mcnee responded by pointing his middle finger at him. Mcnee further claimed that he also stepped out of his car when the victim did so because he feared for his son’s safety, and struck the victim after the victim verbally threatened him.

During the trial, the victim did not deny sounding his horn at Mcnee but denied using vulgarities. He said that he stopped the car because Mcnee pointed his middle finger and gestured at him to alight.

In giving his verdict, Principal District Judge Toh Han Li noted that if the victim was acting aggressively and spoiling for a fight, he would have retaliated when Mcnee punched him.

The judge also ruled that despite Mcnee’s contention that the victim was well-built and threatening, it was clear from closed-circuit television footage that Mcnee himself was bigger, having admitted that he weighed more than 100kg.

“If anything, he was more threatening,” the judge added.

The judge also said he found it difficult to accept Mcnee’s testimony that he could lip-read the victim, adding that it was an attempt to cast the victim as an aggressor.

The judge thus rejected the defences of private defence or grave and sudden provocation.

Mcnee will return to court on May 5 for mitigation and sentencing. He remains out on bail.

He could be jailed for up to two years or fined up to S$5,000, or punished with both.