SINGAPORE – A woman who had drinks at a bar with friends to celebrate her birthday later accepted a ride home from two men she did not know when she could not book a private-hire car.

The two men took advantage of the woman’s inebriated state and sexually assaulted her, prosecutors told the High Court on July 2.

One of the men, Dhanabalan Fok Jin Jin, 42, is on trial for a charge of rape.

Deputy Public Prosecutor David Menon said in his opening address that Fok does not deny having sex with the Australian woman.

The sole issue is whether the sex was consensual, he said.

The prosecutor contended that the woman lacked the capacity to consent and, in any event, did not consent to sex with Fok.

The other man, Lee Kit, 36, was sentenced in March 2024 to 20 months’ jail and four strokes of the cane after he pleaded guilty to a charge of molestation.

Lee is slated to testify as a prosecution witness in Fok’s trial.

On the night of Jan 30, 2021, the then 33-year-old woman and her friends had dinner in the Dempsey area before going to a bar at Holland Village for drinks, said DPP Menon.

When the bar closed, they planned to continue the party at one of their homes.

However, the victim and one of the friends struggled to book a ride. 

The prosecutor said Fok and Lee stalked the two women, who were intoxicated, for nearly an hour before offering to drive them home.

The men approached the women while they were sitting at a bus stop near the Holland Village MRT station, which was adjacent to the open-air carpark where Fok had parked his car.

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After driving the women to the victim’s condominium, the two men sexually assaulted her, said DPP Menon.

As Fok was driving home, he realised that his mobile phone was missing and suspected that he had dropped it at the unit.

The two men returned to the condo and were arrested at the lift lobby.

DPP Menon said the prosecution will present evidence of the impact of alcohol on the victim’s cognitive functions . Video and audio recordings, Lee’s observations about her condition, observations of witnesses who interacted with her, and her own account will also be presented.

“The accused’s conversation with Lee Kit after the offence wipes away any trace of doubt that the victim was raped,” said DPP Menon.

During the drive away from the victim’s home, Fok expressed worry to Lee that they might get into trouble with the police, he added.

The first witness to testify was the woman’s friend, who said she remembered getting into the car and throwing up during the journey.

She remembered being in a dark room and lying on the bed beside the victim, whose eyes were closed.

The two men were on each side of the bed and she remembered hearing them laugh.

She said she felt something was wrong and told them to “stop” and “go away”.

The two men are not accused of sexually assaulting the victim’s friend.

Fok is defended by lawyer Ramesh Tiwary.

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