Felt that I was wrongly accused

[Followthelaw]

What u means he goes further?????????????I kanna from him like that not enough ah,what he still can do. Now I scared liao,even nail cutter put at home, but my keys must brings mah, if no how to drive and open doors to my hse

[Annalynnie]

I think that depends on what he told the police lor...dont think being accused is a good feeling, some people can stomach it some cannot

 

The worst thing is will this fellow try it again with someone else. If another person is blurr or unsure if he/she really scratched the car...will fall victim. Lucky bro is sure he had nothing in his possession that can caused such scratches.

[Nkps]

yes 10 tables is i stay there so i can go help chop chop seats

[Ldawn88]

well, lets say even if there is no conclusion from the investigation, you cannot sue him on any valid ground. as long as you have no solid evidence to prove that this is a setup with planned intent... You cannot sue him.

 

same thing applies to him. as long as there is no evidence to conclude that you are the one who scratched the ride, he cannot ask for compensation from you.

 

it's embrassing that you go through this in the public, but lets face it, there will not be any conclusion from this investigation. I am surprised that the police even bothered to take this up. Cos I know of 1 friend who witness the next car opened door and dent his car by the door protection strips. police were called in, but the car owner simply drove to anotehr lot, and denied every thing. no offical conclusion from that incident.

[Hicksau]

wait aminute .. is this still pendin investigation? or have u received lawyer letter on that civic's damages?

 

if both no, go along with good mind of conscience.. dun let that MF get mental with you .. not worth ..

[Drafting88]

I am just wondering.

 

If it were to happen to me and I know that I wasn't the one who scratched the car, can the other party stop me from leaving the scene, even after he threatened to call the police?

[Hicksau]

i had a little similar experience when younger and that was when a good friend of mine was still alive ..(R.I.P ,bro)

 

was meetin him at his void deck near his carpark so as to go to nearby kopitiam for drinks ..

 

and my fren went to his car to get some posters(we were movie buffs back in the VCR days)

 

a young guy whom parked his blue car besides him did the same thing like ur case when my friend walked pass his car ..

 

the deep line scratch was in the front bonnet of that guy's car and he happened to see my fren walked pass..

 

confronting my fren using hostile words , my fren took a closer look at the paint of the car and remarked that the scratch was done a few days ago..

 

so the guy asked how he knows.. he took out a card stating his profession and said he didnt mind if that guy called the police and started investigations ..he'll be willing to "help", the guy backed off and that was the last i ever saw of that guy ..

 

my fren's profession was into paints and metals .. if u were wunderin ..

[So_nice]

he has no right to stop u..if he does it constitue to wrongful restrain.

[So_nice]

haha. the MF jitao tio snook. but anyway..RIP to ur fren

[Hicksau]

haha.. ..

 

didn't see how that fella started it all ..

 

i saw this and approach my fren only in the middle of the hostile conversation..

[Jonnybravo]

Hi all MCF shifus,I need some advice from you guys badly.Below is my unfortunate encounter.

 

On 13/8/2007, at about 1000hrs,I proceeded to my car to do some minor touching up as it was being scratched. After having done that, I then proceeded on my way to the nearby Gek Poh Shopping Ctr to buy the day news and some foodstuff. I walked along the MSCP where my car was parked. I was proceeding towards the SC and was about to cross the road.

 

At this junction,a chinese man dressed in office attire suddenly held my hand and stopped me. He then said the following: "Hello, you stop there, don't go, I'm going to call the police. You walked past my car and you scratched my car." I was totally taken aback. I then replied : "Hello, Mr, what are you talking about? I don't understand you at all. What do you mean by "I walked past your car, I scratched your car." He then said :"I saw you walked past my car, I heard a screeching sound and then my car got a long scratch mark, I was behind you." I replied :" Mr, you better know what you're talking about, You better got evidence and you better know what you're talking about." At this point, I was totally blurred.

 

The chinese man then said :" You go see my car, you take out your keys." I replied:" Why should I take out my keys? I then followed him to his car, there was a long and very deep scratch on his car, I was totally shocked. I then looked at the damage and told him :" Mr, this is a very long and deep scratch, there is nothing with me right now that could possibly inflict such damage to your car. He then said :" No, I don't care, I'm going to call the police. I told him:" Fine, if you so wish, then go ahead.

 

I then call my wife to proceed to the MSCP to be along with me. The police came, the chinese man told the police what happened. The male sgt then serach my pouch that I was carrying at that time, he inspected all my keys but could not find any black paint dust on their tip (in fact all my keys were very old and blurt) and the sharpest object I have is but a spectacles screwdriver. I told the police that I really did not scratch his car and there is nothing on me that could possibly leave such a damage.

 

While the man is recording his stt with the female police sgt,my wife heard him saying that he was back from work at about 0530hrs and would leave about 1000hrs to work again.My wife's temper wasn't so good as mine and she gave the bugger a piece of her mind :"Hello, Mr, do you know that many things could have happened beteen that time and he cannot simply accused me of doing that to his car merely because I walked past his car. (I didn't really noticed that scratch on his car when I walked past it,think I was searching whether did I bring my wallet inside my pouch)

 

My wife then overheard him telling the female police sgt that "It's all a misunderstanding". At this point in time, I suspect that he knew that the scratch was done much earlier, waiting for a scapegoat like me to walk past,then all throw onto my account.My wife told me confirmed he's putting the damage all on your account lah, just because you walked past his car!!! I really cannot believe such a thing can happened to me. In fact the male sgt told me, "Mr, in life this always happens, pple mistakes others.

 

Now the boiling question is I will wait for investigation to be complete first, then I will take legal action against him. I'm no something famous/impt,but this is too much.I want to know what can I sue him for? Can it be

 

Public Embrassment?

Unnecessary duress?

Anxiety caused to me and my family

Defamation

 

Kindly advice? Thanks in advance

 

Hi,

 

My advice is:

 

If you got the time + money then go ahead.

 

If not then move on.

[Hicksau]

[Deel]

my sympathies to you... first things first, there is really nothing you can do.

now lets first analyse this from a criminal point of view. the only possibility which we can consider is the man's sudden holding of your hand.

 

1. as pointed out by fellow forumers, you may prima facie have a case for wrongful restraint. s339 of the penal code provides for wrongful restraint, and the punishment cited in s341 is a jail term of 1 month, or a fine of $500, or both.

 

2. you can try lodging a complaint against him under s350 criminal force. afterall he did use force on you without your consent. knowledge that it will cause you annoyance can be safely and logically recognised.

 

3. similar to criminal force, is s351 assault. his approaching you and reaching to hold you will satisfy the actus reus of the crime. direct intent is foreseeable in this case, so long as you apprehend the application of criminal force.

 

4. defamation. interestingly, defamation can be a criminal offence here in sg. however it is not likely to succeed as there is a need to prove his intention in defaming you.

 

this will be up to the police to act, and most probably they will just ask you to lodge a magistrate's complaint if you want. however it will be difficult for you to succeed.

the man may have a defence, that he is reasonably trying to detain you for an offence you committed. this is provided for in s34 criminal procedure code. thus i do not think it will be of use to lodge a complaint against the man.

 

on a civil point of view, your considerations are of duress and defamation.

 

1. duress has a similar meaning to undue influence. you will not be able to seek a remedy for it in this case.

 

2. defamation. if you want to sue him for slandering you, you can try. the defamation act covers this. however, the man seemingly has sufficient defences to refute your claim.

his defamation could be interpreted as unintentional.

 

even if you do succeed, you are unlikely to gain much more than an apology. in the law of defamation, simple logic is if you are famous, your reputation is much more at stake. of course there are other considerations such as your livelihood, gender blah blah... but ultimately, just take it as a bad experience, curse at the man and move on... hope this helps..

[Nutty]

Are you a lawyer? This advice is so pro!

 

Would you mind being the resident legal counsel in MCF.

[Apollo]

If you look at this case properly, it is quite clear that that MF is trying to pull a fast one. He went back at 0530, and will only return at 1000 (which so happens to coincide with that MF "catching" the TS in the "act of mischief"). Clearly, there is something fishy here. How can he be so sure he heard a scratching sound, and there is none at all? He is trying to pull a fast one here. He already knows before hand that his car is scratched. Do not let this kind of bugger off so easily. Who knows how many have paid up for his threats? Please do whatever is needed to avoid future occurences.

 

in the course of law, there r few instances of clearcut situation. so dun b presumptous he was there at this time and has no better reason etc

 

it can be per chance.

 

in all honesty, i doubt anyone will pay up to his threat. since all this involve filing police report. a trend of vandalism cannot persist over the same scratch. it makes no logic that this is a genuine case and shelly enuff, it can be considered by police as a case of false report.

[Guyver]

Understand how you feel .... from wherever he is .... I don't think it is possible that he can see the scratch .....

 

From your description ... the guy seems to know about the scratch already ....

[Weichien]

Hi all MCF shifus,I need some advice from you guys badly.Below is my unfortunate encounter.

 

On 13/8/2007, at about 1000hrs,I proceeded to my car to do some minor touching up as it was being scratched. After having done that, I then proceeded on my way to the nearby Gek Poh Shopping Ctr to buy the day news and some foodstuff. I walked along the MSCP where my car was parked. I was proceeding towards the SC and was about to cross the road.

 

At this junction,a chinese man dressed in office attire suddenly held my hand and stopped me. He then said the following: "Hello, you stop there, don't go, I'm going to call the police. You walked past my car and you scratched my car." I was totally taken aback. I then replied : "Hello, Mr, what are you talking about? I don't understand you at all. What do you mean by "I walked past your car, I scratched your car." He then said :"I saw you walked past my car, I heard a screeching sound and then my car got a long scratch mark, I was behind you." I replied :" Mr, you better know what you're talking about, You better got evidence and you better know what you're talking about." At this point, I was totally blurred.

 

The chinese man then said :" You go see my car, you take out your keys." I replied:" Why should I take out my keys? I then followed him to his car, there was a long and very deep scratch on his car, I was totally shocked. I then looked at the damage and told him :" Mr, this is a very long and deep scratch, there is nothing with me right now that could possibly inflict such damage to your car. He then said :" No, I don't care, I'm going to call the police. I told him:" Fine, if you so wish, then go ahead.

 

I then call my wife to proceed to the MSCP to be along with me. The police came, the chinese man told the police what happened. The male sgt then serach my pouch that I was carrying at that time, he inspected all my keys but could not find any black paint dust on their tip (in fact all my keys were very old and blurt) and the sharpest object I have is but a spectacles screwdriver. I told the police that I really did not scratch his car and there is nothing on me that could possibly leave such a damage.

 

While the man is recording his stt with the female police sgt,my wife heard him saying that he was back from work at about 0530hrs and would leave about 1000hrs to work again.My wife's temper wasn't so good as mine and she gave the bugger a piece of her mind :"Hello, Mr, do you know that many things could have happened beteen that time and he cannot simply accused me of doing that to his car merely because I walked past his car. (I didn't really noticed that scratch on his car when I walked past it,think I was searching whether did I bring my wallet inside my pouch)

 

My wife then overheard him telling the female police sgt that "It's all a misunderstanding". At this point in time, I suspect that he knew that the scratch was done much earlier, waiting for a scapegoat like me to walk past,then all throw onto my account.My wife told me confirmed he's putting the damage all on your account lah, just because you walked past his car!!! I really cannot believe such a thing can happened to me. In fact the male sgt told me, "Mr, in life this always happens, pple mistakes others.

 

Now the boiling question is I will wait for investigation to be complete first, then I will take legal action against him. I'm no something famous/impt,but this is too much.I want to know what can I sue him for? Can it be

 

Public Embrassment?

Unnecessary duress?

Anxiety caused to me and my family

Defamation

 

Kindly advice? Thanks in advance

his attitude so horrible. of cos there's people who wanna scratch his car lah.

he must understand that this doesn't work.

if police know he is lying. police can charge him for making false report.

[Watwheels]

This guy obviously has offended many ppl to start with since ppl do something like this to his car. Take action. He's accused u of something u did not do. It can account for defamation.

 

Hopefully someone will set his car on fire.