The court heard that the victim had been at Zouk, a nightclub in River Valley Road, with her friends. After consuming some alcohol, she felt the urge to vomit and left the club alone.
While she was seated at a bench near the club, Tommy, who had earlier visited various entertainment establishments to drink and dance, noticed her sitting alone and approached her.
After she threw up, he led her to another bench where they both sat, the court heard.
At this point, she received a call from her cousin, who was concerned after hearing her incoherent response in an earlier phone call. Tommy answered the call and told the cousin where the victim was before hanging up.
He then started patting her back, pretending to comfort her. When she did not respond, he slipped his hand under her shirt and unfastened her bra before fondling her.
When she still did not react, he became more daring and touched her private parts for a few minutes.
At this point, the woman was “unresponsive and her head was facing the ground”, the court heard.
A few minutes later, the woman’s cousin arrived at the area, intending to take the woman home. When she saw the victim with Tommy, she quickly led her cousin away.
Tommy’s lawyer K. Chandra Mohan Nair said his medical conditions, including sleep apnea, a severe medical condition which requires him to wear a sleeping mask, should be a “strong mitigating factor”.
In response, DPP Marshall Lim said: “The accused does have multiple medical conditions, but I don’t see how it can’t be managed.”
District Judge Shaiffudin Saruwan agreed, adding: “The outrage of modesty is a very intrusive one. It is more than just a fleeting touch.”
For outraging the modesty of a woman, Tommy could be jailed up to two years, fined, caned, or any combination of the three.