Man who performed sex acted as occupant of the tenant



A father of three who, without his consent, gave oral sex to his sleeping tenant, was sentenced yesterday to six years in prison with three strokes of the walking stick.

District judge Kessler Soh told former project engineer Waduge Buddhika Upashantha Fernando, 38: "What you did was repulsive, you should not commit such offenses again."

The married Singaporean, originally from Sri Lanka, pleaded in June for one count of sexual penetration without mutual consent.

He committed the offense in his flat Kim Keat Avenue in Toa Payoh, where he lived with his family.

It was not mentioned whether they were at home at that moment.

His tenant, a 28-year-old Malaysian cook, lived about four months before the incident in the department.

The victim had little interaction with the other members of the household, as he was usually out of the apartment at 9:00 am and only returned at 11 pm.

Deputy Public Prosecutor Marshall Lim said the victim returned to the flat around 10:30 PM on November 10 last year and fell asleep in his room about 1½ hours later.

Fernando returned home around 3 o'clock in the morning and was about to return to a nearby market when he felt the urge to have sex with another man.

The tenant woke up about 10 minutes later and saw Fernando commit the offense.

DPP Lim said: "The victim screamed and instinctively kicked the accused.

"The accused left the room and immediately left the flat, the victim was shocked and did not know how to respond."

The cook then warned the police an hour later.

The prosecutor had urged Judge Soh to sentence Fernando to six years in prison with three strokes of the stick.

The DPP added: "This is the place where people can feel safe and secure.

"When penetrative sexual assault affects homeowners and tenants sharing the same buildings, this will undoubtedly lead to serious public unrest."

Fernando's lawyer, Mr. Amolat Singh, pleaded for a five-year prison sentence for his client.

He told Judge Soh: "He did not use any force, force or drug to overcome the victim's resistance or to destroy his memory.

"There was no moral corruption nor is there any evidence that the victim has had serious psychological or emotional trauma."

To carry out the non-sexual act with the cook Fernando could have been sentenced to 20 years in prison and caned.


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Man who performed sex acted as occupant of the tenant



A father of three who, without his consent, gave oral sex to his sleeping tenant, was sentenced yesterday to six years in prison with three strokes of the walking stick.

District judge Kessler Soh told former project engineer Waduge Buddhika Upashantha Fernando, 38: "What you did was repulsive, you should not commit such offenses again."

The married Singaporean, originally from Sri Lanka, pleaded in June for one count of sexual penetration without mutual consent.

He committed the offense in his flat Kim Keat Avenue in Toa Payoh, where he lived with his family.

It was not mentioned whether they were at home at that moment.

His tenant, a 28-year-old Malaysian cook, lived about four months before the incident in the department.

The victim had little interaction with the other members of the household, as he was usually out of the apartment at 9:00 am and only returned at 11 pm.

Deputy Public Prosecutor Marshall Lim said the victim returned to the flat around 10:30 PM on November 10 last year and fell asleep in his room about 1½ hours later.

Fernando returned home around 3 o'clock in the morning and was about to return to a nearby market when he felt the urge to have sex with another man.

The tenant woke up about 10 minutes later and saw Fernando commit the offense.

DPP Lim said: "The victim screamed and instinctively kicked the accused.

"The accused left the room and immediately left the flat, the victim was shocked and did not know how to respond."

The cook then warned the police an hour later.

The prosecutor had urged Judge Soh to sentence Fernando to six years in prison with three strokes of the stick.

The DPP added: "This is the place where people can feel safe and secure.

"When penetrative sexual assault affects homeowners and tenants sharing the same buildings, this will undoubtedly lead to serious public unrest."

Fernando's lawyer, Mr. Amolat Singh, pleaded for a five-year prison sentence for his client.

He told Judge Soh: "He did not use any force, force or drug to overcome the victim's resistance or to destroy his memory.

"There was no moral corruption nor is there any evidence that the victim has had serious psychological or emotional trauma."

To carry out the non-sexual act with the cook Fernando could have been sentenced to 20 years in prison and caned.


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