In view of the bail bond of $80,000 likely to be imposed on Alan Shadrake and the strenuous objection by the Attorney General’s Chamber, the British author has decided not to apply to leave Singapore. Instead, he reveals in Court today his intention to take legal action against Singapore in the European courts for malicious prosecution.
The following is a transcript of Alan Shadrake’s affidavit filed in Court this afternoon.
I, Alan Shadrake do solemnly and sincerely affirm and say as follows:-
1. I am the Respondent in these proceedings.
2. The matters deposed to herein are true and where they are,based on documents in my possession, they are true to my best information, knowledge and belief.
3. I crave leave to reply to Kwok Charn Kong’s affidavit filed or 30 November 2010.
4. According to my mobile phone, the time of my arrest was 6.30am on the morning of Sunday, July 18. I had got to sleep about three hours earlier at around 3.30am. The next thing I was aware of was hearing a series of loud bangs on my hotel room door with shouts of ‘open up, this is the police.’ When I staggered to the door still half asleep four men in plain clothes barged into the room. One was holding an envelope and he told me he had a warrant for my arrest. When I asked why he replied ‘For illegal communication’ and when I asked what that meant he said he would explain later. Then they all started ransacking the room, pulling off bed-st)eets, looking under the bed and in the wardrobe and drawers and at the same. time I was harassed to get dressed quickly and pack my belongings.
5. I wanted to shower but they refused to let me do this and would not let me use the bathroom with the door closed. They gave me only enough time to pee and clean my teeth, I was not allowed to shave or shower. This constant bullying harassment went on all the time until I had packed all my possessions. My two mobile phones and my passport were taken from me at the same time. I did not take my prescription drugs, as Mr Kwok claims – he was not there anyway -because with a combination of three I have to take one of them in particular with food. It was too early anyway. I usually take the first batch around 9am at breakfast.
6. I was then bundled down the stairs to a side entrance where a car was waiting and I sat between two officers on the back seat. At police HQ I was taken to room on the 18′h floor. All my possessions were taken from me including my wallet, credit cards, cash, and laid out on a table in front of me. All the items were photographed and then I was photographed. After this I was taken to a cell and had to sit or lie on a concrete floor. If Mr. Kwok says I was able to sleep for a total of 9 hours during my almost two day stay there, he is wrong. I could not sleep at all. I was given some cold rice and soggy vegetable and a cup of some liquid which might have been coffee. Shortly after, I was taken to see the doctor who examined me. I was then escorted back to my cell. A little later a guard came to the cell,. handcuffed me and took me to a room where my prescription drugs were being held. There I was supervised taking the Morning combination: Norvasc, Co-Approval and Coversyl. All this time I was wearing only a pair of briefs, light trousers and a thin T-Shirt. My belt, shoes and socks also had to be surrendered.
7. Later that morning, possibly around 10am, I was taken to an. ‘interview’ room and told to sit at a table under an air vent. I immediately felt a jet of cold air down the back of my neck. Officer Kwek came into the room and introduced himself as the investigating officer. He gave me three envelopes containing papers outlining three charges against me arising from my book Once a Jolly’ Hangman. I noticed that he was warmly dressed with his zip-up jacket collar turned up. He then began asking questions concerning some of the statements I made in the book. He told me I could make changes and I understood that if any errors had been made that this would entail one complete statement with the errors removed. But later he said all the statements – errors or not – would be printed as one and that I would not be able to have a copy. The questioning went on all day with normal breaks. The total~time each day was approximately ten hours. I did not say in the Affidavit that I was starved or prevented from using the toilet but that this whole ordeal was brutal and uncivilized. Lord Anthony Lester, a human rights lawyer in London, told me during a telephone call after my release thelt it reminded him of a famous book The Trial and described my questioning as ‘Kafkaesque’. This is a term similar to ‘Orwellian’ – from ‘l984′ the futuristic book. by George Orwell – about authoritarian societies based on Machiavellian princ~ples and techniques and which I understand are not – surprisingly – banned in, Singapore, (perhaps they are used as police text books), but the techniques – the use of fear and threats – appear to be thriving as they did in the Middle Ages.
8. I must also repeat that if I were a dangerous terrorist with bombs and guns in my suitcase, an armed bank robber or money launderer I would not be in a position to complain. I am a 76 year old writer – and people of my age usually have all kinds of ailments. My medical problems concern my long term heart disease and my risk of developing colon cancer again – twice so far over the past eight years. In August I underwent a colonoscopy procedure at Gleneagles Hospital. Ten days later I almost bled to death in the street – the result of something going wrong with the operation. Had I not been rushed to the emergency ward I would have collapsed and died before anyone would know the cause. A doctor and nurse at Gleneagles said had I arrived half an hour later it, would have been too late. This is just one example of the stress this persecution has caused me over the past four months. Someone should have used their common sense when planning my arrest. It could have been done in a very civilized manner especially as Singapore continually proclaims itself to be a civilized, ‘First World’ country. If not as strong as I am, I could very likely have had a heart attack there and then that morning.
9. Concerning the timing of my arrest, the Straits Times published a report issued by the CID that I’was arrested at 8.30am. Mr. Kwok says it,was 7.40am. I say it was 6.30am and I will stick to my version of what time it was. I was there and I have no reason to change the time – as it seems the CID now has. After almost two days in custody either lying on a concrete floor or being interrogated, I was released- on bail at close on midnight having at that late hou.r to find a hotel which would admit me, without a passport. I did not surrender,, this document as a condition of bail, as it had already been confiscated aloog with all my other possessions. The bail was also conditional that I returned to continue the interrogations every day. At the same time I had to change hotels almost everyday. I was not given any special time to do this and the pressure on me to ‘cooperate’ continued until my lawyer M Ravi complained to Officer Kwek and sent him my medical reports which explained the many procedures I was undergoing and about to undergo to ensure my heart condition stabilized. This was successful after being prescribed four special heart muscle strengthening vitamins and an additional blood thinner.
10. This ordeal continued until Friday morning when I decided to see my GP at Silver Cross Clinic, Bukit Timah, where I used to live. I was extremely fatigued and had worrying chest pains. After various tests and reading my six year record on the clinic’s database, she made an appointment for me to see my long-term cardiologist, Dr. Peter Yan, at Gleneagies Hospital. My GP and Dr. Yan recommended that the interrogations should stop until my heart condition was under control. He put me through many tests, including an MRI, a 24-hour heart monitor, and two treadmill tests. At one stage he described my heart beat as being ‘all over the place.’ He prescribed four special heart strengthening vitamins plus an additional blood-thinner which, together with my five prescription drugs, at a cost of $800.00 per month. The total medical costs involving four doctors and specialists at Gleneagles and Mount E hospitals total almost $15,000 which has caused an overdraft at my bank. -There is no doubt whatsoever that the ordeal I was put through – and which is continuing unabated as far as the AG’s Chambers is concerned – has had a deleterious effect on my general health. I have in my possession four finisher’s medals for half marathons in Singapore – all of which were completed in less than three hours. Today I can hardly walk 500 meters without feeling thoroughly fatigued. This confirms my belief that the barbaric ordeal I have been put through ha’s had a very serious effect on my health and that a pacemaker and double angioplasty should be obtained as soon as possible.
11. However, once I felt more comfortable and relaxed after the medical treatment which stabilized my heart condition, I twice suggested to Officer Kwek that if he wanted to continue with interrogations I would be willing to cooperate provided they were not long and exhausting as before. He referred me to my lawyer M. Ravi I did not say at any time that Officer Kwek behaved in an uncivilized manner towards me. I was referring to the barbaric method of arresting me at dawn, harassing me to get dressed and packed, put in a cell for almost two days unable to shower or shave and with only a concrete floor to sleep on. In addition to this I found it extremely uncomfortable sitting under a cold jet of air from the vent – deliberately, I have since been told – which is one of the Machiavellian methods used to undermine the morale of those under being interrogated. When I complained Officer Kwek allowed me to sit at the end of the table away from the air vent. However, the room was still very cold and uncomfortable. To say that I was allowed to have toilet breaks and given refreshments.at intervals, however, is rather strange. I thought eating and relieving oneself is a normal human need and I hope, had I been starved and prevented from going to the toilet while being interrogated in a cold room, is something even Singapore would not have perpetrated. Again, I would like to emphasize that I am not a terrorist, a bank robber, rapist, or ‘overstayer’ and there was no need to treat me in such an ugly and uncivilized manner,
12. Then for the Attorney General to ‘remind’ me of my rights to request the return of my passport without conditions in order that I may spend Christmas with my family and seek further medical attention in the UK, as Dr. Yan advised me to consider in the r)ear future, then rescind the offer by making it impossible by imposing an $80,000 bond is further evidence of Singapore’s duplicity in the administration of justice. This also helps to confirm much of what I have said in my book Once A jolly Hangman: Singapore Justice in the Dock.
13. In view of all the above, I have instructed my legal advisors in Singapore and London to begin proceedings for malicious prosecution.
14.Annexed herewith, Exhibit “A”, are copies of the numerous letters (inclusive of fax transmissions) sent, by my counsel Mr. M. Ravi, to the police, entailing the extent to which t~ie police had harassed me in the name of investigations and the extent to which my counsel had to go to preserve my health and sanity,
Affirmed by the abovenamed
ALAN SHADRAKE
The Straits Times reported the Dec 2nd hearing this morning. No mention was made of Shadrake’s intention to take legal action against Singapore.
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SAD to hear this story if it is true it is really nonsensence police have to answer to everybody and also to British people
Times may have changed but some things never change.Like police brutality, it has become even more sophiticated then the usual phone book
Good Luck Mr Allan and get well soon
This is nothing new, remembering what happened in the past, they just wanted to break him down and hope he run.
By taking the matter to European courts, this is going to be interesting and big.
Political trial in order to be assessed impartially needs to be fought in international courts, otherwise you expect the same story as described above.
Good for you :) Alan Shadrake. Good luck and God Bless. In many ways you are already the winner in this entire episode. Thanks for doing all this for us, Singaporeans.
I can just imagine what had happened to this old man who just wrote a book. So serious? Even MSK not treated like that.
Singapore is gonna be placed under the microscope now… Sir well done, Singaporeans owe you.
Of all people, they harass an English writer. They really think they are above the law. Now they are going to get their backsides kicked real hard.
These people have been getting away with murder for far too long. I don’t see how they are going to get away with it in the European court this time.
How stupid can these people be? They should have thanked Alan for wanting to leave instead of smacking the $80K bail. Oh well, thats what they do best, extortion (tooooooo greedy for money).
Go, Alan, go! Pls teach them a hard lesson for us all, Singaporeans. If not for yourself, do it for us.
No big deal lah, at the most if Shadrake won the case in ICJ which I hope he should, some SPF officers would be made scapegoats only mah, it would just be like similar case to MSK, what’s new here?
Most people sympathize with Alan Shadrake and gets quite feed up with the LEEgal system here.
They had been prosecuting people that they are unhappy with, and had an unfair ‘LEEgal’ advantage to their side.
I have lost my faith in the LEEgal system here following the unfolding of Shadrake’s case. I felt that the verdict is absurd.
As I have no legal background, I am therefore not sure how effective is Shadrake’s intended action of bringing up a case to the European courts where Singapore is not a EU member.
Alan Shadrake certainly has my support. Alan, being a British national, a citizen of the Commonwealth and residing primarily in Malaysia, is certainly entitled to the rights of freedom of speech.
Further, a point of law. Quentin Loh J did not make clear how the Singapore judiciary actually had jurisdiction over this case when the book in question was written and published in Malaysia.
Alan, I wish you success in your legal action.
1. Off the cuff I would say that ECJ/ECHR is unlikely to seize itself of jurisdiction since Singapore is clearly not a member of the EU and accordingly is not subject to its charters. Even if they do, how could any judgment of those courts be enforced? I doubt the EU will trade sanction Singapore simply because of Mr Shadrake’s case. At most, some diplomatic statement will be made.
2. Mr Shadrake cannot bring a case of frivolous prosecution in Singapore because he has convicted.
And so, I have no idea why he is doing what he is doing. An appeal, on the other hand, would be quite understandable.
For Alan’s sake, I am glad for this new development; his case should never have gone to court in the first place. (I actually think that with Singaporeans themselves, and then Alan on top of it, complaining that foreigners are treated better by the courts, the PAP government must have prosecuted Alan in a desperate attempt to prove otherwise. Miscalculated bravado.)
However, I really wonder if this can have any effect on how Singaporeans will be treated by the courts in the future. This is not a course of action that is available to Singaporeans. There is nothing – except our vigilantism – to stop the courts from returning to the old status quo: foreigners, especially if they are also Caucasian and come from countries that have economic and political clout, are dealt with more fairly than Singaporeans would. (Of course, Singaporeans closely connected with the ruling party are also treated more than fairly by the courts.)
Still, I remain happy for Alan and wish him the best of luck. Shaming the PAP government internationally for its abuses is a long overdue move.
It is sad that somehow, LKY as a lawyer must have known such misbehaving criminal acts and put a stop to them.
Instead sadly, somehow his pyschological development in moral consciousness has somehow been impaired or stunned.
The case is being questioned in The House of Lords, the UK parliment. It has become big.
Another unhealthy publicity.
Alan, you are a brave man.
A BIG Thank You.
big man so what? RAVI stop whiiningggg
People, remember LKY tried to screw Devan in Canada some years ago and he lost!!!. This time its going to be big time embarrasment for the government and PAP of singapore with the internet and all.Its going to be interesting. Go all the way Alan and bring this government and their leaders to their knees. Its a wake up call for them before elections but there will be blinkers in their eyes.
i was gonna meet him and buy him a pint. now, ill buy him two pints.
cheers.
“Even if they do, how could any judgement of those courts be enforced”
you could be right, but how about being officially and legally exposed to the international community thereby inflicting a permanent dent to the reputation of our judiciary…confirming it is indeed compliant and not independent?
think about this, which father and son in your mind are likely to get a heart attack and piss in his pants if our judiciary’s ranking plummets from top 5 to say 50th position and with room to sink further?
seriously why not? especially if our despot and his stooges persist in using kangaroo logic to justify their deeds. LOL
If you are reading this Alan Shadrake, thanks for going the extra mile!
You know what? It was the British who taught us how to treat people this way. Why do you think Eric Arthur Blair wrote ’1984′? Why do you think Commonwealth countries are leaders in the use of the mandatory death penalty? Who do you think gave us the ISA? Those aren’t just rhetorical questions. They have historical answers.
Oh my god!!! how can they treat an old man with such brutality while the other old man is sitting in comfort in his ivory tower refusing to retire from his comfort zone of drawining million salaries. I tried not to believe this has happened in Singapore, but I trust Alan Shadrake more than I trust our own unfair systems. I sincerely wish him the very best in his endeavour to challenge for human rights. I pray for him, with him and upon him that he will succeed.
By right, Singaporeans should reject what Alan did and defend our judiciary. But the fact that many Singaporeans support Alan tells us that indeed Singaporeans do not have faith in their own judiciary despite what the govt says. Singaporeans’ response to this matter is very telling. I hope the small clique of people in power can see beyondtheir own selfish interest for once and realise that the stakes for our judiciary as an institute are high and will stop using it as their own personal enforcer whenever their dirt is exposed.
TOC, I have been on the verge of suggesting this a couple of times, but reservist_cpl’s post has made me take the plunge now.
There is something that TOC can do that will be helpful all round. For now, I focus only on legal cases. Many of us can read and interpret the law, and indeed help others to understand the law better. But only those with formal training in the law know:
1. legal processes – what happens from one stage of a trial to the next; and,
2. the exact procedures within any one court session.
Alan Shadrake may take the case to Europe, but we don’t know anything about the enforceability of any judgement. (I’m quite sure there are no enforcement mechanisms; it’s likely more for the sake of applying political pressure.) This was also a valid observation in the legal challenge mounted against s 377a: What happens after the Dec 7 hearing whichever way the hearing goes?
If more of us knew such details, we could have even more informed and intelligent discussions here. I’m quite sure that that alone will result in dividends such as higher readership. (The curiosity factor.)
did Alan Shad stay in a motel or hotel? how come the security staff never escort the plain cloth police to the scene?
not sure if there are CCTV recordings that show the plain cloth harassing when in the hotel premises…
The person who wrote a book seems to have worse treatment than those who lost billions of tax payers’ money. Am I right or not?
It is going to be David against Goliath.
Wah-lao… this is mind-boggling… first world country, first world iron-fist rulers, first world pay (selected elite group)…
I cant believe that this is modern little-red dot. Shadrake – god will help you to oust those ruthless PAPies.
They’re just trying to indirectly cause harm to his health in hopes that he’ll pop and the problem will go away.
What a disgusting system run by disgusting people. Shameless individuals.
Not a word mentioned in the ST report today abt AS’s complaint submission to the European Court of Justice…..I wonder why.
Singapore is and never was a first world country, period. This whole trial has shown the world, yet again, what Singapore is really all about. It is a dictatorship more than anything else, despicable and rotten to the core.
Indeed a good news, I hope the gov will after this reduce using defamation law suit every time someone disagree with their system. It is regrettable that our leaders take the highest pay in the world but yet don’t have the courage to face/stand up to public scrutiny and rebut the contested topic in a open manner and let public decide the right and wrong. Individual of their talent should not rely on the jurisdiction to protect them but instead should come out and defend themselves using objective arguments.
Perfect timing! To blow this thing up during election time.
All the best, Mr Shadrake!
Very sad to hear that such things happen in our Country. Is that truth our plain clothe police have treated a old man like this who have a medical report with him. He did not commit any big crime he written somethings which he think that is truth happening in here that create unfairness to the people.Why they did not investigate instead give him such a unfairness treatment. If there is truth, such things have happen here they should admit not in the way to cover the truth that they have commited.I did heard quite a number of cases that CID officers always choose to go down in the midnight. Why they like to go down at this time.???Is there any reason for that. Their neighbours need to sleep at that time.In this way they also distrub other people.I will like to send my best regards to him. Take care sir you need a healthy body to fight for your right .If there really truth. God bless you . Take care Sir.
some ppl made me learn wad ” chong arr!!!!” means.
alan, if u dont know, chiong ar means, in hokkien ( i think) in my interpretation, means, go. to hell with what happens. wad ever the outcome. just go dont stop. dont think about what might happen or the failure. dont even think bout if a person can make it. ” chong arrrr ” means go in without planning.
normally those two words are followed by many more which i dont think i should memtion in here lol.
go sir, as you would. do as u would. do as u planned. go and do it.
cheers,
nick la.
Alan Shadrake have Singaporeans support behind him. Our people have long lost its faith in our kangaroo systems just like we have lost our faith in reading ST papers. So no worry Alan, do whatever you deemed fit for the benefit of all Singaporeans who have suffered unjust and unfair treatment without a proper channels for us to voice out fustrations. Under one-party systems, we are like a prisoners living in fanciful concrete jungles that conceal the woes and plight we faced from the world. We need your help…..
Am I reading something out of North Korea or Cuba?
It cannot be Singapore la. How can?
When the institutions which are supposed to protect the people is under the control of the ruling party, there is no hope for the future. Sadly, all that has happened and is happening leads one to ask if the judiciary is indeed independent? The ruling party has been pulling wool over the population for far too long. It about time to people took ownership and really really put pressure on the ruling party to come clean and be accountable and transparent. Starting from their declaration of their assets and the compensation of all those in position
Calling all Singaporeans: I feel ashamed. Many Singaporeans are applauding Alan Shadrake and appealing for him to go all the way for Singaporeans. I applaud Alan too. But as Singaporeans, we need to take charge of our own future and not leave it to others. Dont just look at Alan to fight the battle for us.
I am going to fight Singapore’s battle for our future too. Would you join me? Be ready to vote wisely at the next GE!!
Shadrake and his lawyer do know when to pick the right timing for a counterattack,
at a time when the Govt is busy preparing for the GE.
Would the PAP’s attention be distracted,
with this Shadrake’s and Malaysian drug trafficker
Yong’s trial coming up.
Now with the involvment of the EU Court,
would our Judiciary be put under intense spotlight? There is a perception our Judiciary and Govt is one entity. Would European Human Rights
Activists pay more attention on the process of our coming GE. This time our
Govt really has its hands very full, all the more have to seek advice from our MM Lee.
Alan, take good care of your health and fight
this evil, money face political gangster. We singaporean are behind you all the way!
preston loon 3 December 2010
It is going to be David against Goliath
……….
preston.. your kachng is mine again to be kicked…
yesterday where were you? you didnt read the houseoflords debates on the former colonies laws and order by the house of lords? was alan case been brought up in the debates? you mereLEE think the houseoflords eatricewastedseeds liked the pratapresident?
alan has already got the SUPPORT from the houseoflords…
and in the european courts you think leekingyou owned them liked belinda ang?
used your FRICKIN brain prestoonloon from canada who denied your lived in the ghetto…it the pap government who is a goliath’s noseshit…
It is scandalous that An old gentleman is treated in such manner. What wrong has he done apart from revealing the truth???
Reminds me of what Francis Seow went through in the 1980s
Singaporeans should be ashamed of themselves.
Singaporeans are afraid to voice their dissent and instead, have to rely on a sick old British man to stand up against the system for them.
Yes, please continue voting for PAP and be KS and be concerned about only the price of your misery pigeon hole HDB flat (which is not even yours — it belongs to the government).
Singaporeans should be ashamed.
I am in my 50s and still a bit anxious even about posting on the internet for fear of being “watched”, thanks for the years of subtle intimidation and oppression by the PAP.
Thank you Alan for doing what many of us have not had the courage to do but know it is the right thing to do.
It is time we expose the tyrant for what he is! A selfish egoistical power-crazy maniac, a real psychopath who has no insight!
Which European court is Shadrake going to file a suit in? The European Court of Human Rights (ECHR)?
Unfortunately, Singapore is not part of the EU and does not come within the ECHR’s jurisdiction. Therefore, Shadrake’s announcement that he is going to “take legal action against Singapore” is mere posturing. Nothing will come out of it.
Also, isn’t there at least one law student on the TOC editorial team? It is surprising that none of them bothered to point out the basic fact that no international court (be it the ICJ, the UK courts or “European courts”) has jurisdiction over Singapore’s prosecutorial practice.
It’s just sad to see the lay commentators above getting all excited over the non-existent prospect of Singapore being sued in an international court.
Preston Loon
Did you know David won?
Alan
Pls stay healthy, thats your main task now.
Preston Loon
In your David vs Goliath, did you know David won?
Alan
Pls stay healthy, thats your main task now.
If you mean Alan is Goliath, since when has PAP become the tiny little powerless David?
Preston Loon
If you mean Alan is Goliath, since when has PAP become the tiny little powerless David?
Alan laid a trap for the PAP by agreeing to be in S’pore for this trial. Our so called bright scholars walked right into this trap and now they are being shown for the humane lack of justice and home affairs systems we have in S’pore. Kudos to Alan.