In 2019, Simon Tham Saik Mun was arrested for drink-driving after he almost knocked down a passer-by in a car park.
As a result, he was sentenced to three years’ jail, fined S$6,000 fine, and given a four-year driving ban.
Tham, 52, is now appealing against the conviction and sentence.
He claimed that the breathalyser test reading was affected by an oral gel he had applied for his mouth ulcers.
Channel NewsAsia (CNA) reports that the incident happened in Jun 2019.
Tham had consumed beer in a pub and driven home in his van in the wee hours of the next morning. He then parked it in an open-air car park at Block 146 Yishun Street 11.
Source: Google Maps
While doing so, he nearly knocked down another man and they began arguing.
The latter then called the police, saying that a “drunk driver wants to hit me”.
Subsequently, two police officers arrived at the scene and smelled alcohol on Tham.
After he failed a mobile breathalyser test, the officers arrested Tham for driving under the influence of alcohol.
At the Woodlands Police Division HQ, they administered another breath test on Tham. The machine reportedly recorded a failed blow and displayed the message “alcohol concentration not stable”.
The result of the second test showed that Tham had 75 micrograms of alcohol per 100ml of breath. This is above the prescribed limit of 35 micrograms.
In court, Tham stated that he drank less than half a jug of beer and that there was “no way” his alcohol level could have been above the limit.
He added that he had ulcers on both sides of his inner cheeks the week before his arrest.
According to Tham, he was eating chicken rice when a bone cracked his upper molar. This allegedly happened a few days before the incident.
He later attempted to schedule an appointment with a dentist but was unable to secure a slot.
Whenever he drank cold water, he would experience severe pain while doing so. Thus, he purchased a tube of Bonjela ulcer gel to relieve the pain.
Source: eBay, for illustration purposes only
Tham claimed that he was regularly applying the gel to his ulcers the whole day, including when he was in the pub.
As a result, this increased the breathalyser reading, he claimed.
During the trial, Tham called his own expert witness to testify on how Bonjela gel can affect breath alcohol concentration.
The witness was Ben Chang Keng Peng, a specialist from medical equipment supplier Alcotech.
Mr Chang supported Tham’s claims, saying that the ingestion or application of Bonjela gel can indeed have an effect on breath alcohol concentration.
According to his own report, after applying Bonjela gel, a breath test showed a breath alcohol reading that went over the prescribed limit.
Tests that were conducted at one-minute intervals showed positive readings for 10 minutes before dropping to zero.
After vomiting, positive readings were detected for another nine minutes although the earlier reading showed zero.
On the other hand, the prosecution’s expert witness, Dr Yao Yi Ju from the Health Sciences Authority (HSA), said that the breathalyser test was done two hours after Tham last applied Bonjela gel.
Regardless of whether he had vomited, the amount of alcohol in the mouth or stomach under normal circumstances would be minimal.
This would not cause a considerable increase in the breathalyser readings, she added.
In conclusion, the Bonjela gel would not have made a significant contribution to the reading. Furthermore, Tham’s frequent applications were irrelevant as they would not accumulate throughout the day.
That said, there was a possibility that the gel could have contributed to the reading based on a single test. This was because it was unclear if he applied it on his tooth, which could have trapped some gel.
Despite the evidence, the judge said that the main point was whether Tham’s breath test would have exceeded the limit had he not applied the gel after he stopped driving.
He needed to prove that his reading would not have exceeded the limit even if he did not apply the gel, she said.
In addition, she did not believe that he was a credible witness or his allegations about his alcohol consumption.
She cited the differences between his testimonial in court and his police statement. For instance, Tham told the police that he drank the beer and last applied Bonjela gel while seated in his van.
In comparison, he testified in court saying that he drank less than half of the beer, and could have applied the gel after the incident and arrest.
Besides that, he failed to demonstrate that using the gel over two hours before submitting his breath sample had an effect on the results.
Tham also did not address how any residual gel could have contributed to his high breath concentration.
Since Tham was previously convicted of drink-driving in 2016, he could be subjected to enhanced punishment.
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Featured image adapted from eBay, for illustration purposes only.
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