‘Badge Lady’ Alleges That CCTV Footage Was Tampered With, Objects To Use As Evidence
Phoon Chiu Yoke, also known as the ‘badge lady’, is currently facing trial for four charges of breaching mask-wearing rules.
The hearing began on Friday (24 Feb), with influencer Xiaxue, real name Wendy Cheng, taking the stand as a witness as well.
On the second day of the trial, Phoon protested the use of closed-circuit television (CCTV) footage as video evidence, stating that someone could have superimposed her likeness on it.
‘Badge lady’ protests use of CCTV footage
The Straits Times (ST) reports that on 27 Feb, the second day of the trial, there was a separate hearing to determine if CCTV footage submitted can be used in court as evidence.
Source: Shin Min Daily News on Facebook
The footage was linked to two charges of walking without wearing a mask in Mandarin Gallery on Orchard Road from 3.02pm to 3.04pm on 6 Mar 2022 and past a Victoria’s Secret outlet between 3.35pm and 3.37pm.
Taking the stand, Phoon argued against the use of the footage as it could not be proven that anyone had tampered with it.
“This video does not come with a watermark. I can’t be sure that you did not superimpose an image of me onto the CCTV footage. In today’s technology, it is not that difficult,” Phoon said.
Gesturing to the footage as it played in court, she added:
It could have been me… it could have been somebody who looks like me.
Labelled a difficult and evasive witness
Playing it from a different angle, Deputy Public Prosecutor Heershan Kaur said, “Now that we have a clearer view, it is clearly you in your yellow loafers and sunglasses, right?”
Phoon replied that she was not sure and said, “This pair of loafers are from Clarks or Ecco. I’m sure they do not only sell to one person, or make only one size.”
When asked if she owned the black sunglasses in the footage, Phoon answered, “Every pair of sunglasses is black.”
Multiple exchanges then occurred between DPP Kaur and Phoon, during which Phoon reportedly did not answer questions directly.
DPP Kaur then stated, “You’re deliberately being a difficult and evasive witness. Do you agree?”, to which Phoon disagreed.
CCTV cameras were working during ‘badge lady’ incidents
DPP Kaur said in her submissions that the CCTV cameras were functioning well during the period Phoon walked maskless.
Mr Ruthrapathy Nirmal Sritharan, security team leader at Hilton Singapore Orchard and in charge of security at Mandarin Gallery, had testified to this.
Mr Ruthrapathy further testified that the CCTV footage was accurate. He did not alter, amend or edit it.
DPP Kaur additionally submitted that the lead investigation officer of the Singapore Tourism Board (STB), Mr Baharudeen Ali Mohamed Kassim, confirmed that he cut and stitched the footage without editing it in any other way.
“Both witnesses did not tamper with the footage, nor did they have any reasons to do so,” she said.
District Judge Tan Jen Tse found that besides cutting and stitching to create a video, the footage did not undergo tampering. As such, the judge said the court will admit it as evidence.
“The point of the watermark raised by the accused is irrelevant,” the judge added, pointing out that the absence of a watermark does not make it unreliable.
In addition, no law or requirement states that there should be a watermark in a video for it to be available for use as evidence.
Ongoing trial for four charges
Phoon is currently undergoing trial for four charges, which are as follows:
- Two for failing to wear a mask twice along Orchard Road in March 2022
- One for failing to wear a mask at ION Orchard in August 2022
- One charge for failing to turn up for an STB investigation for not wearing her mask
The first day of the trial occurred on 24 Feb, during which Phoon represented herself.
As a repeat offender, she faces up to one year of jail, a fine not more than S$20,000, or both for failing to wear a mask when necessary.
Repeatedly not complying with an officer during investigations comes with the same penalties.
The trial will continue at a later date.
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