Osman bin Haji Mohamed Ali and Another v. The Public Prosecutor
Judicial Committee of the Privy Council
Privy Council 1968
- Written by Deanna Curl, JD
Facts
On March 10, 1965, a bag that had been placed in the McDonald House, an office building in Singapore, exploded and killed three people. Three days later, Osman bin Haji Mohamed Ali and another man (the defendants) were found clinging to a plank in the sea off the coast of Singapore and rescued by a bum boat operator. At the time of their rescue, the bum boat operator and multiple police officers said the defendants were not wearing uniforms and told their rescuers and police that they were fisherman. While in custody, the defendants admitted to planting and lighting the explosives found in the bag at the McDonald House. At trial before the High Court of Singapore, the defendants alleged that they were members of the Indonesian armed forces and that they were wearing their uniforms when they were rescued at sea. The defendants also argued that they were entitled to prisoner-of-war protections under the Geneva Convention. The high court ruled the defendants were not entitled to prisoner-of-war protections, and they were subsequently convicted and sentenced to death for the murder of three civilians. The defendants later appealed to the Federal Court of Malaysia, but their appeals were dismissed. The defendants then appealed by special leave to the Privy Council.
Rule of Law
Issue
Holding and Reasoning (Viscount Dilhorne, J.)
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