A terrible miscarriage of justice

Ms Parti Liyani

The case of Parti Liyani, the Indonesian domestic worker who was acquitted on appeal of theft is a story of a terrible miscarriage of justice. For 4 Long years, she had to live with this false accusation against her and then her conviction by the District Court, before her reputation was restored by the High Court.

I am so happy for her that Justice Chan Seng Oon acquitted her on appeal. This fine judge is someone I have the utmost respect for, having argued before him on numerous occasions when he was the Senior Assistant Registrar Of the High Court in the 90s, before becoming our Solicitor-General and then a High Court Judge. He is a no nonsense judge who gets to the meat of the case within seconds without wasting time.Perhaps it is a reflection of his training as an engineer before he became a lawyer.

I have only read excerpts of Justice Chan’s judgment from various sources but I do not see how the Attorney-General can refuse to go further and prosecute those who provided false evidence against Ms Liyani, which led to her terrible ordeal. This case is a cautionary tale of how the law can often be used by the rich and powerful to oppress the less privileged in society, and the Attorney-General as the Guardian of the public interest has the duty to ensure that such persons are brought to justice for abusing the law.

If I am in Parliament, I will definitely raise questions on this case as it has a huge bearing on our Justice system. Every person must have full confidence in the Rule of Law- that no one is above the law.

 

 

Lim Tean

 

 

 

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39 Responses to “A terrible miscarriage of justice”

  • Political Incest!:

    Well, who is the current Attorney General?

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  • xoxo:

    This is to be A NATIONAL CASE STUDY OF HOW PRIDE AND PREJUDICE CAN GO SERIOUSLY WRONG!

    It is not just abOut the weakness of the judiciary, it is also refleftive of the law enforcer’s lack of integrity and the case is a microcosm of how SOCIETY’S ELITES BULLY THE POOR AND GET CONDONED.

    THE MAID DEMONSTRATES COURAGE AND IS A SEEKER OF TRUTH N PROTECTOR OF SOCIAL JUSTICE that so many sgs do not possess.

    The Ngo n the lawyer are fine examples of civic-mindedness.
    As for Justice Chan, he shows how true justice could be served if the judge is wise and carry his sacred duties with utmost INTEG
    HOPE THE WRONG-DOERS ARE CORRECTED IN ORDER FOR OUR CIVIL SOCIETY TO TRULY PROGRESS.

    IN CONCLUSION,though lowly, the maid shows how magnanimous very humble ordinary PEOPLE can be by FORGIVING HER EMPLOYER.
    The RICH N POWERFOOL$ LACK THIS WISDOM.

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  • Harder Truths:

    Does that fact that she was charged and found guilty not show the state of affairs in $G?

    How much more ‘third world’ does Communist Island still have to go? I would say we are almost there.

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  • it could happen to yoi:

    sgs should take heed..one day you could end up like ms liyani and may not be so lucky to have
    justice chan to acquit you if you are falsely charged.
    with this PAP controlling everything under our sg sky , no one is immune to bullying from “the system”.

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  • AG is ok:

    The current AG (Lucien Wong) had previously represented LHL. This should not be held against him. Everybody is entitled to hire a lawyer. I know people who have dealt with him as a corporate lawyer. He is professional and fair. The PAP “attack puppy” in AGC is Deputy Attorney-General Hri Kumar Nair, an ex-PAP MP.

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  • Realistically:

    @ Lim Tean

    >>For 4 Long years, she had to live with this false accusation against her and then her conviction by the District Court, before her reputation was restored by the High Court.<>I have only read excerpts of Justice Chan’s judgment from various sources but I do not see how the Attorney-General can refuse to go further and prosecute those who provided false evidence against Ms Liyani, which led to her terrible ordeal.<<

    Personally I would question the suitability of the District Judge, Olivia Lum, who convicted Parti Liyani. Based on the little I hv read in the recent news report, the DJ's decision should be held questionable and accountable.

    I hv already said on TRE that I could be your witness when the CJ asked you about whether you believed that the judiciary was being used in the emperor without clothes suing Leong Sze Hian for defamation in the Appeal hearing on the issue of the High Court striking out your counter suit.

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  • Realistically:

    @ Lim Tean

    >>>>For 4 Long years, she had to live with this false accusation against her and then her conviction by the District Court, before her reputation was restored by the High Court.<<

    Parti Liyani was found guilty by the District Judge, Olivia Lum, in the STATE COURTS which were previously known as the SUBORDINATE COURTS…………NOT the "DISTRICT COURT

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  • Realistically:

    @ @ Lim Tean

    Oh, I don’t think, as a layman, miscarriage of justice is as bad as travesty of justice.

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  • TumasikPatriot:

    Two sets of Law…Rule of Law and the Rule by Law…Luck of the Draw for those NOT Privy and I don’t mean Privy Council

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  • Great Asia:

    What Rule of Law?!

    Lee Kuan Yew is Singapore and Singapore is Lee Kuan Yew; PAP is Singapore and Singapore is PAP.

    I’ve told you more than 15 years ago, right?

    Ha ha ha!

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  • THE POOR ARE EASILY BULLIED:

    Yes. ThePoor are easily bullied by TheRich.

    Had there been no ProBono lawyers, ThePoor could be harshly implicated, incriminated and incarcerated for crimes they did not commit.

    God creates ThePoor to test TheRich.
    But TheRich fail to help ThePoor. Instead they have the tendency to bully the vulnerables at every chance. Give a dime, demand a dinar in return.

    To all TheRich, bullying ThePoor is merely an Offence, not a Crime as crimes can be paid for and most of the time hidden under the carpet with their riches. They can easily get away unscouthed.

    The present world is witnessing Modern Slavery, legislation of which can be taken with a pinch of salt.

    What more can be said or rather, be done?

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  • THE POOR ARE EASILY BULLIED:

    Yes. ThePoor are easily bullied by TheRich.

    Had there been no ProBono lawyers, ThePoor could be harshly implicated, incriminated and incarcerated for crimes they did not commit.

    God creates ThePoor to test TheRich.
    But TheRich fail to help ThePoor. Instead they have the tendency to bully the vulnerables at every chance. Give a dime, demand a dinar in return.

    To all TheRich, bullying ThePoor is merely an Offence, not a Crime as crimes can be paid for and most of the time hidden under the carpet with their riches. They can easily get away unscathed.

    The present world is witnessing Modern Slavery, legislation of which can be taken with a pinch of salt.

    What more can be said or rather, be done?

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  • Real SIA SUAY:

    This is the perfect storm. Many SIA SUAY worse behaviour than those who buy tissue papers . Cotton General aarrgh how you say SIA SUAY in English – ask LML and Karl.. if u don’t get an answer .. beat person to ask is the Chief Judge – as he watches from the sidelines REFEREE Kelong lah . To those not yet convince this Party is no longer the same – it had lost its directions .

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  • Send foreigners home:

    Straits Times: Coronavirus: Thousands of jobs in Singapore may go in next 6 months, say experts

    No problem. The Government should just cancel the Employment Pass or S-pass of thousands of foreigners to force them to go home. Singaporeans can take over their job. It is that simple.

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  • Lucien Wong is a good person:

    AG is ok:
    The current AG (Lucien Wong) had previously represented LHL. This should not be held against him. Everybody is entitled to hire a lawyer. I know people who have dealt with him as a corporate lawyer. He is professional and fair. The PAP “attack puppy” in AGC is Deputy Attorney-General Hri Kumar Nair, an ex-PAP MP.

    Correct. Lucien is a professional and a good person.

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  • Sad case:

    Sad case…for Singapore.
    What went wrong ?

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  • good people like justice Chan:

    how good it would be if we can get this justice Chan as our pm or POS after he retires..
    we are in need of civil servants who are brave and holders of true justice…..for all!

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  • HDB:

    Would Liyani know of any relatives who once stayed at Farrer rd Hudc before the enbloc sale to capitaland.

    Each resident got a handsome payout of $2million and that was about 10 years ago!

    Lucky hudc residents and relatives……….from HDB 99 go to freehold!

    Wonder any netizen got think deep and know the significance.

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  • operation cold storage:

    it could happen to yoi:
    sgs should take heed..one day you could end up like ms liyani and may not be so lucky to have
    justice chan to acquit you if you are falsely charged.
    with this PAP controlling everything under our sg sky , no one is immune to bullying from “the system”.

    it did happen, a few times in fact.

    if you are so ell liked politically, and so a threat to pap lee kuan yew, he puts false charges on you as a whatever and lock you up.

    just like that.

    ever since, we have never trusted pap. because of such abuse of power. BTW when we meet that pap liar lee kuan yew at the cul de sac, we promise you as soon as we see his ffff lying face we kick his limp lying balls. we promise. as soon as we see him.

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  • fixing of maid:

    liew mun leong, the Lj praised by pap clown wife as a people builder, is evil.

    liew mun leong is evil because he TRIED to fix a low wage maid. and he almost succeeded since the rich and powerful in pap island all have spf cpib agc bank negara at their back and call.

    don’t believe?

    google what pap clown said about FIXING OPPO.

    what liew mun leong has done, by pap fixing of OPPO manual, is 100% correct. what the previous judge and police did to successfully convict the maid show how the rich and powerful in pap island work.

    BUT there is a maker in heaven.

    this type, the FIX, didn’t work as planned.

    will pap throw its own clan member liew mun leong under the bus?

    it depends.

    if pap clown wife says liew mun leong is a people builder, one of 2 things can happen.

    1, FIXING of maid is legal by pap fixing of OPPO manual. so liew mun leong has done nothing wrong by pap regulation.

    2, FIXING of maid and building of people are 100% opposite actions. so liew mun leong is either lying or pap clown wife is lying or both of them is lying. pap clown wife, if she has any decency, must apologize and insist liew mun leong be prosecuted.

    but is pap clown wife honourable? we need to ask Ms Lim Suet Fern and Dr Lee Wei Ling.

    will agc look into previous judge and previous police in cahoot against the maid, sentencing her when she was actually being FIXED? looking at lee kuan yew Operation Cold Storage fixing of OPPO, we don’t think so. because TRUE justice, in pap island, is a funny thing.

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  • to do their work:

    //I do not see how the Attorney-General can refuse to go further and prosecute those who provided false evidence against Ms Liyani, which led to her terrible ordeal.//

    alamak. white monkey idiots have the best minds lar ? they know how to do their work lar ? you may be surprised that they may come out with some fantastic language and explanation (playing gymnastics with words) and then you will start to scratch your head (like huh ?) to find out what is really missing when you somehow feel like something is missing ???

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  • TumasikPatriot:

    Harder Truths:
    Does that fact that she was charged and found guilty not show the state of affairs in $G?

    How much more ‘third world’ does Communist Island still have to go? I would say we are almost there.

    I DREAD to KNOW how many INNOCENTS were CONvicted Jailed or HANGED…

    If MURDER of the INNOCENTS in the WOMB can be LEEgaly CONceived by a Bastard now dead and LEEgaly ENDORSED in 1974 what more can they NOT do with a Useless Son in keeping the LEEgacy alive and well

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  • Ridiculous:

    The platoon commander tortures many of the soldiers in the platoon, systematically and for a long time. Someone comes along, criticizes the platoon commander and praises the company commander for his good character. The company commander is very professional and fair as a soccer referee.

    Walau. The company commander must be very well connected. Tioboh?

    Lucien Wong is a good person: Lucien Wong is a good person:
    September 8, 2020 at 8:59 am (Quote)

    AG is ok:
    The current AG (Lucien Wong) had previously represented LHL. This should not be held against him. Everybody is entitled to hire a lawyer. I know people who have dealt with him as a corporate lawyer. He is professional and fair. The PAP “attack puppy” in AGC is Deputy Attorney-General Hri Kumar Nair, an ex-PAP MP.

    Correct. Lucien is a professional and a good person.

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  • Love thy neighbor as thyself:

    “The only thing necessary for the triumph of evil is for good men to do nothing. When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle.”

    Edmund Burke, “Reflections on the Revolution in France”

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  • Animal Farm:

    To paraphrase George Orwell of “Animal Farm” fame – ‘All Singaporeans are born equal but some Singaporeans are more equal than others”!

    The AG may instruct further investigations but it’s a no brainer what the judgment is going to be. You got it! That’s justice for you!

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  • PAP guaranteed to lose:

    Was the police investigator more interested in a conviction than justice? Who was his supervisor who approved his findings?

    So many holes in the evidence that even an amateur Detective could have spotted but the District Judge couldn’t?

    This is a big blow to our supposedly legal hub reputation.

    Our judges are hugely qualified but sadly there’s this perception that they need to create a good impression or else their rice bowl would be affected.

    Justice Chan is our Justice Pao, the legendary judge who was prepared to risk his neck with judgements against the Emperor.

    Thank you Justice Chan. You’ve restored my faith in the justice system.

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  • PAP GUARANTEED TO LOSE:

    This is a truly shocking case.

    It’s up the the authorities to take action if faith in our judicial system is not to be eroded further.

    Respect must be earned.

    If the matter is whitewashed then the authorities only have themselves to blame if trust in the judicial system is affected.

    The Justices must uphold their pledge of office to uphold the law without fear or favour.

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  • Realistically:

    @ Realistically:
    September 8, 2020 at 2:11 am (Quote)

    >>Oh, I don’t think, as a layman, miscarriage of justice is as bad as travesty of justice.<<

    The above should have been "…miscarriage of justice is NOT as bad as travesty of justice.

    What people also forget is that it was also a travesty of justice, in my view, that the Coroner, Malcolm Tan had deprived the parents of a teenager who was KILLED when a severely corroded lamp post fell on him while he was playing basket ball (shooting hoops) at the Tampines Town Council (under the PAP headed by former National Development Minister Mah Bow Tan) controlled basket ball court. Malcolm Tan returned a verdict of misadventure when it was clearly the failure/negligence of the Tampines TC to properly maintained the lamp posts.

    Ah yes, where were the likes of Low Thia Khiang and Chaim See Tong then? And of Tharman Shanmugaratnam and other PAPie Ministers and MPs who were lawyers? Call this COMPASSION?

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  • Realistically:

    @ PAP GUARANTEED TO LOSE:
    September 8, 2020 at 7:21 pm (Quote)

    >>It’s up the the authorities to take action if faith in our judicial system is not to be eroded further.<>The Justices must uphold their pledge of office to uphold the law without fear or favour.<<

    The OATH of office of a District Judge can be found in the State Courts Act as follows:

    I, ____, having been appointed to the office of —- do solemnly swear (or affirm) that I will faithfully discharge my judicial duties and I will do right to all manner of people after the laws and usages of the Republic of Singapore without fear or favour, affection or ill-will to the best of my ability, and I will be faithful and bear true allegiance to the Republic of Singapore.

    Link: https://sso.agc.gov.sg/Act/SCA1970#Sc- .
    Taken and subscribed before me at this day of

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  • Realistically:

    To TRE Moderators

    I note with regret, even as I understand, that some of my comments have been censored, even as I am fully prepared to defend and justify my comments. It is for TRE and others to face the REALITY that such self-censorship might encourage more cases of travesties of justice.

    In this regard I would like to quote from the House of Lords judgment in Scott v Scott [1913] AC 417
    (Link:https://www.bailii.org/uk/cases/UKHL/1913/2.html) at paragraph 106. Pls note that the original report had no paragraphing, but I have taken the liberty to do so for ease of reference. People can just google the correct words to find the relevant paragraph. I would also add that Scott v Scott was affirmed in the Singapore High Court judgment in Tan Chi Min v The Royal Bank of Scotland [2013] SGHC 154 – link: https://www.supremecourt.gov.sg/docs/default-source/default-document-library/services/s939_11-tan-chi-min-v-the-rbs.pdf)

    106. …“In the darkness of secrecy, sinister interest and evil in every shape have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. Where there is no publicity there is no justice.” “Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial.” “The security of securities is publicity.” But amongst historians the grave and enlightened verdict of Hallam, in which he ranks the publicity of judicial proceedings even higher than the rights of Parliament as a guarantee of public security, is not likely to be forgotten: “Civil liberty in this kingdom has two direct guarantees; the open administration of justice according to known laws truly interpreted, and fair constructions of evidence; and the right of Parliament, without let or interruption, to inquire into, and obtain redress of, public grievances. Of these, the first is by far the most indispensable; nor can the subjects of any State be reckoned to enjoy a real freedom, where this condition is not found both in its judicial institutions and in their constant exercise.”

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  • Harder Truths:

    Sad case:
    Sad case…for Singapore.
    What went wrong ?

    The Ballsless voted for the Brainless

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  • some sense of sanctity:

    //The OATH of office of a District Judge can be found in the State Courts Act as follows:

    I, ____, having been appointed to the office of —- do solemnly swear (or affirm) that I will faithfully discharge my judicial duties and I will do right to all manner of people after the laws and usages of the Republic of Singapore without fear or favour, affection or ill-will to the best of my ability, and I will be faithful and bear true allegiance to the Republic of Singapore.//

    aiyoh. like any other similar appointments (be it private or usually public), this is just a ritual (sometimes useless and meaningless tradition ?) just to instill some sense of sanctity and pride (the feel good feel good on exclusivity ??) in the appointment / initiation rite lar ???

    do you get to see wayang people putting up one of their hands and start reciting certain statement in other similar calling ??

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  • pap lying S$m grubbers:

    Realistically:
    @ PAP GUARANTEED TO LOSE:
    September 8, 2020 at 7:21 pm (Quote)

    >>It’s up the the authorities to take action if faith in our judicial system is not to be eroded further.<>The Justices must uphold their pledge of office to uphold the law without fear or favour.<<

    The OATH of office of a District Judge can be found in the State Courts Act as follows:

    I, ____, having been appointed to the office of —- do solemnly swear (or affirm) that I will faithfully discharge my judicial duties and I will do right to all manner of people after the laws and usages of the Republic of Singapore without fear or favour, affection or ill-will to the best of my ability, and I will be faithful and bear true allegiance to the Republic of Singapore.

    Link: https://sso.agc.gov.sg/Act/SCA1970#Sc- .
    Taken and subscribed before me at this day of

    when pap clown took office, appointed by his papa in 2004, he also put up his right hand and swore.

    thereafter, he also said he would FIX OPPO.

    we don’t belong to the INSIDE 200m is not within 200m camp.

    so our England is more direct.

    we question, with our version of England, Can We Trust a Person Who Swore to Uphold Truth and Justice and then Told the World He Would Fix OPPO?

    Fix OPPO means bring false charges on OPPO.

    unless your England is different from ours, it means that person is sick and evil and a dastardly lying lair.

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  • Realistically:

    I have mentioned in my earlier comment about what I consider the travesty of justice pertaining to then Coroner Malcolm Tan’s verdict as to the death of a teenager playing basketball/shooting hoops at the Tampines Town Council controlled public basketball court. For those who have no memory of the case, I reproduced the ST Report I found from another social Internet site:

    https://sgforums.com/forums/10/topics/93074/
    Lamp post case: None to blame for teen’s death
    10 Sep 04, 06:04

    Coroner says no individual or group to blame for his death – it was an accident; boy’s dad visibly upset

    By Selina Lum

    NO ONE is to blame for the death of a teenage boy who was hit on the head by a falling lamp post at a Tampines basketball court last year.

    After weeks of postponement, the verdict from the Coroner’s Court on the death of Tay Wei Yi – that it was an accident – was finally delivered in less than two minutes yesterday.

    Before returning a verdict of misadventure, State Coroner Malcolm Tan said he was ‘satisfied that there is neither any individual nor organisation that is criminally concerned with the death’. He is expected to deliver his written findings on Oct 6.

    The teenager’s father, Mr Tay Chee Kwang, 41, an odd-job labourer, was visibly upset when the verdict was delivered.

    ‘Even the coroner said no one is at fault, so I suppose it was my son’s fault,’ he said to reporters in Mandarin before storming off.

    Wei Yi, 13, a student at Pasir Ris Secondary, never regained consciousness after being hit by the lamp post, which was badly corroded at the base, on Feb 28 last year.

    The coroner’s inquiry into his death was first heard in April this year, and several witnesses, ranging from experts to those who frequently played at the court, gave testimony.

    Four experts – the principal consultant at PSB Corporation’s mechanical testing group, a materials analyst, a mechanical engineer and a corrosion expert – gave differing opinions on whether the most severe corrosion had occurred above or below ground level.

    This was deemed an issue as it would help determine whether the town council officer checking the post could have seen the rusted portion, and was therefore negligent in not calling for its replacement.

    When the officer in question, Mr Kuah Yee Yee, 26, who works for Tampines Town Council’s managing agent EM Services, testified in May, he said he did a visual check of the lamp post from a distance of about five to seven metres, but did not touch it.

    He conducted his inspection on Feb 6 last year, a few weeks before the incident.

    Testimony from those who played on the court also differed. Polytechnic student Goh Yong Ching, 20, who frequented it, said the lamp post had been tilting for a few months.

    However, Wei Yi’s five friends, who were playing volleyball with him when the incident occurred, did not notice anything wrong with the post.

    To be cont’d in the next post

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  • Realistically:

    Testimony from those who played on the court also differed. Polytechnic student Goh Yong Ching, 20, who frequented it, said the lamp post had been tilting for a few months.

    However, Wei Yi’s five friends, who were playing volleyball with him when the incident occurred, did not notice anything wrong with the post.

    There were yet more twists and turns to come in the case, including a twice-postponed verdict, which is a rare occurrence in such an inquiry.

    On Aug 19, in what is a highly unusual move for a coroner’s inquiry, the town council’s lawyers, Mr Shashi Nathan and Mr Peter Chean, made written submissions to the court, saying that the teen’s death could not be conclusively attributed to any known party.

    The lawyers argued that Mr Kuah had ‘adhered strictly to the town council’s estate inspection system, and had carried out his duties conscientiously and diligently’.

    Mr Kuah did not see any tilting or corrosion before the fateful accident, they said.

    The lawyers also hit out at Mr Goh’s testimony – another unusual move – arguing that he was either mistaken or had embellished his evidence, as it was untenable for the lamp post to have remained tilted for so long without falling.

    They added that the Tampines Town Council had gone out of its way to provide Wei Yi’s family with support and assistance, and had even helped to arrange for them to be relocated to a new home to ‘facilitate the emotional healing process’.

    The town council had also taken steps to ensure that such accidents would not occur again, the lawyers said. These include laying detailed maintenance plans and buying high-tech equipment to check for corrosion in lamp posts.

    http://eresources.nlb.gov.sg/newspapers/digitised/issue/straitstimes20040909-1

    Readers should decide for themselves whether justice was done or agree with me that it was a case of travesty of justice.

    For info and relating to the last part of the report, I understand that Wei Yi’s – the deceased teenager – family was given a compensation of around $45k from the TC’s insurance. Is that enough to compensate for the loss of a young life whose parents would depend on his support and care in their old age? Call that COMPASSION Tharman Shanmugaratnam?

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  • Crown Court:

    When I was young my grandmother used to advise me not to be a lawyer or a judge.

    They are also humans like us and make mistakes.

    To err is human.

    Somtimes they have to be cruel to do their jobs.

    Still, someone has to do that noble or dirty job.

    Sometimes on hindsight, they may have regretted their decision when delivering judgement.

    Just one oversight is enough to make a difference in judgement that could end a life for the defendant.

    Then again, to forgive is divine.

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  • Can I add something?:

    Ridiculous:
    The platoon commander tortures many of the soldiers in the platoon, systematically and for a long time. Someone comes along, criticizes the platoon commander and praises the company commander for his good character. The company commander is very professional and fair as a soccer referee.

    Walau. The company commander must be very well connected. Tioboh?

    The OC should be promoted, to CO, the equivalent of the Chief Judge for a job well done.

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  • This is Singapore:

    The company commander talks about virtues what.
    If he is caught with his pants down for some misdeeds, the Commanding Officer will step out to say he has contributed significantly to the Battalion …
    It is common for soldiers to down their pants to take a dump, the Brigade and Division Commanders also do that what.

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  • Clarification needed:

    Ridiculous:
    The platoon commander tortures many of the soldiers in the platoon, systematically and for a long time. Someone comes along, criticizes the platoon commander and praises the company commander for his good character. The company commander is very professional and fair as a soccer referee.

    Walau. The company commander must be very well connected. Tioboh?

    1) What was the “torture”?

    2) How many people are claiming they were “tortured”. One person’s opinion is not sufficient especially if he “hated” NS from the outset.

    3) What must a “well-connected” person do to show he is not acting based on his “connections”? Please be specific.

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