Connect with us

Commentaries

Abuse of the Court Process?

Published

on

By Teo Soh Lung

The Newpaper reported on 9 Dec 2016 that the Court of Appeal comprising Chief Justice Sundaresh Menon and Judges of Appeal Chao Hick Tin and Andrew Phang “gave notice that lawyers who submit such last minute applications will now have to explain why they could not raise the arguments during earlier appeals.”

TNP went on to say that the court had recently faced a string of last-minute applications from death-row convicts and wants a stop to what it sees as an abuse of the court process.

I do not know how many last-minute applications have been argued before the court and over what period of time. But four death row prisoners had appealed against the sentence of death in the first week of December.

The applications raised constitutional arguments touching on the separation of powers under our constitution – that the legislature, executive and judiciary have separate powers and functions. This principle has never been argued in capital cases relating to the requirement of a prosecutor’s certificate confirming that the convicted offender had assisted in “disrupting drug trafficking activities” before his case can be reviewed by a High Court judge who can then decide to grant him life and caning instead of the death.

Earlier this year, there were two applications from Kho Jabing who faced imminent execution. A few months later, one application from a Nigerian, Chijioke Stephen Obioha who argued that an eight-year wait in death row amounts to cruel and inhuman punishment. As the High Court is now in recess till January 2017, I think there will not be any other applications for the year.

Six death row prisoners in one year have caused the judges to issue the stern and unreasonable warning to lawyers not to file last minute applications without reasons. I hope that the Law Society of Singapore being “one of the major components of civil society” (to use the words of the president) will speak up on behalf of all the brave lawyers who not only volunteered their money, time and effort to save lives but who received endless criticisms from the bench.

I was at the hearing of the applications of two of the six prisoners – Kho Jabing and Chijioke Stephen Obioha. The judges sat to hear both applications after 5 pm.

Kho Jabing

In Kho Jabing’s case, the registry staff probably worked till the early hours of the morning. I was told that just before midnight, they sent a notice to the lawyers that his application would be heard at 9.30 am the next day. That compelled the lawyers to return to their office to work through the wee hours of the morning. They sacrificed their sleep.

Who caused all those extended hours of work for the judges, staff of the registry and lawyers? Could not the application be heard the following week or month? What was the urgency? To hang the man on the scheduled date and time so as not to trouble the president at the Istana or waste the time of the executioner waiting at the gallows?

Kho Jabing was hanged three hours after the verdict. I was eating my lunch when I received the news. It was chilling and everyone who heard it was upset. What was the urgency? Why deny his mother, sister and cousins who came from Sarawak a few more visits?

When it all started

I think it all started with the case of Kho Jabing. I was in court when the judges kept chiding the lawyers for filing last minute applications. They were clearly agitated. But if they would pause to look and think about the man in the dock who was fighting for his life, I think they would not be so unhappy that their valuable time was being “wasted” by lawyers.

Kho Jabing was a native of Sarawak, a Iban who I think did not understand the English language. He had an interpreter but how much of what the judges said was interpreted to him, I do not know.

I felt terrible sitting in the gallery, listening to all the petty utterances from the bench. I felt so sorry for the poor, simple minded Iban who in his own unselfish culture in Sarawak must feel bewildered though gratified that so many lawyers have acted for him gratis and so many young people paid for the airfares of his mother and sister to come to Singapore to meet him before his death.

Why deny the prisoner?

The hearing of the application of Chijioke Stephen Obioha was equally disturbing. The judges kept asking for the reasons as to why the application was made at the very last minute. The young lawyer could not answer as he was instructed just a few days ago. He did not represent the prisoner in his trial or appeal. The judges kept harping on the fact that it was not the first time that Chijioke Stephen Obioha had filed last minute applications after the execution date was fixed. They should have asked his previous lawyers and not the newly appointed lawyer. They must have voiced their unhappiness four or five times.

Chijioke Stephen Obioha’s family do not live in Singapore and they were not in court. The judges didn’t think that in this day and age, there would be problems communicating with the prisoner. As a former prisoner myself, I can confirm that there are huge problems. Every letter to an inmate goes through several hands and may never reach him. Emails are helpful but the inmate does not have access to a computer. In the end, Judge Andrew Phang himself volunteered the answer. He said “You (the lawyer) don’t know the answer”. The lawyer agreed.

Chijioke Stephen Obioha was silent in the dock. I think he understood the words of the judges but he did not interject or tell his minders that he wished to speak with his lawyer or address the judges. He probably knew he had no chance with the hostile words from the bench.

After the hearing, the judges did not dismiss the application immediately but adjourned to deliberate. The prisoner was led out of the court and the observers sat glumly waiting for the inevitable verdict.

When the judges emerged after more than half an hour and sat on the bench again, the lawyer for Chijioke Stephen Obioha informed them that his client would like to explain why he had made the last minute application. Judge Andrew Phang hesitated and without consulting his fellow judges said he did not wish to hear him. In any case he said, the reason was “not central.”

If the reason for the last minute application was “not central”, then why harp on that throughout the hearing?

I cannot imagine how Chijioke Stephen Obioha felt that evening. It was incredible that he did not burst into tears and sob aloud when he was denied his request to speak. Maybe he was terrified.

What were his thoughts when he walked with shackled feet to the gallows at dawn. Would he question why he was denied the opportunity to explain why his application was made so late in the day. Perhaps in the next world, Chijioke Stephen Obioha will find the answer.

Chijioke Stephen Obioha’s lawyer had argued that it was cruel and inhuman punishment to be on death row for eight years and that his sentence should be commuted to life and caning. The judges did not agree and said that it was Chijioke Stephen Obioha’s filing of last minute applications that delayed his execution. The blame for the delay was on him and not on the State which took time (about two years) to draft the new law pertaining to the discretionary powers of the prosecutor to issue the certificate necessary to beg for his life.

The ground that eight years on death row constitutes cruel and inhuman punishment has never been argued before the Singapore courts though it had been successfully canvassed elsewhere. It seems strange to me that the judges were disinterested in the argument even if this application was made at the very last minute. Surely life is precious and more important than judicial time.

Very few people know how death row inmates live in Changi Prison. I may be wrong but I understand that prisoners are confined to a row of single cells with iron bar gates. The gallows are located on the same floor as the cells so that when a shackled prisoner walks or is dragged crying, singing or shouting to the gallows, it is within view and hearing of the others. The operation of the gallows is within the hearing of the prisoners. The loud cranking sound when the floor board opens and the prisoner drops to his death is heard by all prisoners. I am told the floor trembles. If being confined for eight years in such hellish condition is not cruel and inhuman punishment, I don’t know what is.

Representing death row prisoners who are mostly impoverished, demands the highest calling from lawyers. They should be complimented, appreciated and encouraged, not condemned and looked upon as trouble makers. These lawyers are not paid by the State under so called pro bono schemes. They acted for these prisoners out of the goodness of their hearts and their sense of justice. They are brave lawyers and ought to be praised and recognised for their selflessness and commitment to justice. The Law Society of Singapore and the judiciary should recognise their contributions. To be reprimanded for doing what they did is not what we expect of a civilised society.

Continue Reading
Click to comment
Subscribe
Notify of
0 Comments
Newest
Oldest Most Voted
Inline Feedbacks
View all comments

Commentaries

Lim Tean criticizes Govt’s rejection of basic income report, urges Singaporeans to rethink election choices

Lim Tean, leader of Peoples Voice (PV), criticizes the government’s defensive response to the basic living income report, accusing it of avoiding reality.

He calls on citizens to assess affordability and choose MPs who can truly enhance their lives in the upcoming election.

Published

on

SINGAPORE: A recently published report, “Minimum Income Standard 2023: Household Budgets in a Time of Rising Costs,” unveils figures detailing the necessary income households require to maintain a basic standard of living, using the Minimum Income Standard (MIS) method.

The newly released study, spearheaded by Dr Ng Kok Hoe of the Lee Kuan Yew School of Public Policy (LKYSPP) specifically focuses on working-age households in 2021 and presents the latest MIS budgets, adjusted for inflation from 2020 to 2022.

The report detailed that:

  • The “reasonable starting point” for a living wage in Singapore was S$2,906 a month.
  • A single parent with a child aged two to six required S$3,218 per month.
  • Partnered parents with two children, one aged between seven and 12 and the other between 13 and 18, required S$6,426 a month.
  • A single elderly individual required S$1,421 a month.
  • Budgets for both single and partnered parent households averaged around S$1,600 per member. Given recent price inflation, these figures have risen by up to 5% in the current report.

Singapore Govt challenges MIS 2023 report’s representation of basic needs

Regrettably, on Thursday (14 Sept), the Finance Ministry (MOF), Manpower Ministry (MOM), and Ministry of Social and Family Development (MSF) jointly issued a statement dismissing the idea suggested by the report, claiming that minimum household income requirements amid inflation “might not accurately reflect basic needs”.

Instead, they claimed that findings should be seen as “what individuals would like to have.”, and further defended their stances for the Progressive Wage Model (PWM) and other measures to uplift lower-wage workers.

The government argued that “a universal wage floor is not necessarily the best way” to ensure decent wages for lower-wage workers.

The government’s statement also questions the methodology of the Minimum Income Standards (MIS) report, highlighting limitations such as its reliance on respondent profiles and group dynamics.

“The MIS approach used is highly dependent on respondent profiles and on group dynamics. As the focus groups included higher-income participants, the conclusions may not be an accurate reflection of basic needs.”

The joint statement claimed that the MIS approach included discretionary expenditure items such as jewellery, perfumes, and overseas holidays.

Lim Tean slams Government’s response to basic living income report

In response to the government’s defensive reaction to the recent basic living income report, Lim Tean, leader of the alternative party Peoples Voice (PV), strongly criticizes the government’s apparent reluctance to confront reality, stating, “It has its head buried in the sand”.

He strongly questioned the government’s endorsement of the Progressive Wage Model (PWM) as a means to uplift the living standards of the less fortunate in Singapore, describing it as a misguided approach.

In a Facebook video on Friday (15 Sept), Lim Tean highlighted that it has become a global norm, especially in advanced and first-world countries, to establish a minimum wage, commonly referred to as a living wage.

“Everyone is entitled to a living wage, to have a decent life, It is no use boasting that you are one of the richest countries in the world that you have massive reserves, if your citizens cannot have a decent life with a decent living wage.”

Lim Tean cited his colleague, Leong Sze Hian’s calculations, which revealed a staggering 765,800 individuals in Singapore, including Permanent Residents and citizens, may not earn the recommended living wage of $2,906, as advised by the MIS report.

“If you take away the migrant workers or the foreign workers, and take away those who do not work, underage, are children you know are unemployed, and the figure is staggering, isn’t it?”

“You know you are looking at a very substantial percentage of the workforce that do not have sufficient income to meet basic needs, according to this report.”

He reiterated that the opposition parties, including the People’s Voice and the People’s Alliance, have always called for a minimum wage, a living wage which the government refuses to countenance.

Scepticism about the government’s ability to control rising costs

In a time of persistently high inflation, Lim Tean expressed skepticism about the government’s ability to control rising costs.

He cautioned against believing in predictions of imminent inflation reduction and lower interest rates below 2%, labeling them as unrealistic.

Lim Tean urged Singaporeans to assess their own affordability in these challenging times, especially with the impending GST increase.

He warned that a 1% rise in GST could lead to substantial hikes in everyday expenses, particularly food prices.

Lim Tean expressed concern that the PAP had become detached from the financial struggles of everyday Singaporeans, citing their high salaries and perceived insensitivity to the common citizen’s plight.

Lim Tean urges Singaporeans to rethink election choices

Highlighting the importance of the upcoming election, Lim Tean recommended that citizens seriously evaluate the affordability of their lives.

“If you ask yourself about affordability, you will realise that you have no choice, In the coming election, but to vote in a massive number of opposition Members of Parliament, So that they can make a difference.”

Lim Tean emphasized the need to move beyond the traditional notion of providing checks and balances and encouraged voters to consider who could genuinely improve their lives.

“To me, the choice is very simple. It is whether you decide to continue with a life, that is going to become more and more expensive: More expensive housing, higher cost of living, jobs not secure because of the massive influx of foreign workers,” he declared.

“Or you choose members of Parliament who have your interests at heart and who want to make your lives better.”

Continue Reading

Commentaries

Political observers call for review of Singapore’s criteria of Presidential candidates and propose 5 year waiting period for political leaders

Singaporean political observers express concern over the significantly higher eligibility criteria for private-sector presidential candidates compared to public-sector candidates, calling for adjustments.

Some also suggest a five year waiting period for aspiring political leaders after leaving their party before allowed to partake in the presidential election.

Notably, The Workers’ Party has earlier reiterated its position that the current qualification criteria favor PAP candidates and has called for a return to a ceremonial presidency instead of an elected one.

Published

on

While the 2023 Presidential Election in Singapore concluded on Friday (1 September), discussions concerning the fairness and equity of the electoral system persist.

Several political observers contend that the eligibility criteria for private-sector individuals running for president are disproportionately high compared to those from the public sector, and they propose that adjustments be made.

They also recommend a five-year waiting period for aspiring political leaders after leaving their party before being allowed to participate in the presidential election.

Aspiring entrepreneur George Goh Ching Wah, announced his intention to in PE 2023 in June. However, His application as a candidate was unsuccessful, he failed to receive the Certificate of Eligibility (COE) on 18 August.

Mr Goh had expressed his disappointment in a statement after the ELD’s announcement, he said, the Presidential Elections Committee (PEC) took a very narrow interpretation of the requirements without explaining the rationale behind its decision.

As per Singapore’s Constitution, individuals running for the presidency from the private sector must have a minimum of three years’ experience as a CEO in a company.

This company should have consistently maintained an average shareholders’ equity of at least S$500 million and sustained profitability.

Mr Goh had pursued eligibility through the private sector’s “deliberative track,” specifically referring to section 19(4)(b)(2) of the Singapore Constitution.

He pointed out five companies he had led for over three years, collectively claiming a shareholders’ equity of S$1.521 billion.

Notably, prior to the 2016 revisions, the PEC might have had the authority to assess Mr Goh’s application similarly to how it did for Mr Tan Jee Say in the 2011 Presidential Election.

Yet, in its current formulation, the PEC is bound by the definitions laid out in the constitution.

Calls for equitable standards across public and private sectors

According to Singapore’s Chinese media outlet, Shin Min Daily News, Dr Felix Tan Thiam Kim, a political analyst at Nanyang Technological University (NTU) Singapore, noted that in 2016, the eligibility criteria for private sector candidates were raised from requiring them to be executives of companies with a minimum capital of S$100 million to CEOs of companies with at least S$500 million in shareholder equity.

However, the eligibility criteria for public sector candidates remained unchanged. He suggests that there is room for adjusting the eligibility criteria for public sector candidates.

Associate Professor Bilver Singh, Deputy Head of the Department of Political Science at the National University of Singapore, believes that the constitutional requirements for private-sector individuals interested in running are excessively stringent.

He remarked, “I believe it is necessary to reassess the relevant regulations.”

He points out that the current regulations are more favourable for former public officials seeking office and that the private sector faces notably greater challenges.

“While it may be legally sound, it may not necessarily be equitable,” he added.

Proposed five-year waiting period for political leaders eyeing presidential race

Moreover, despite candidates severing ties with their political parties in pursuit of office, shedding their political affiliations within a short timeframe remains a challenging endeavour.

A notable instance is Mr Tharman Shanmugaratnam, who resigned from the People’s Action Party (PAP) just slightly over a month before announcing his presidential candidacy, sparking considerable debate.

During a live broadcast, his fellow contender, Ng Kok Song, who formerly served as the Chief Investment Officer of GIC, openly questioned Mr Tharman’s rapid transition to a presidential bid shortly after leaving his party and government.

Dr Felix Tan suggests that in the future, political leaders aspiring to run for the presidency should not only resign from their parties but also adhere to a mandatory waiting period of at least five years before entering the race.

Cherian George and Kevin Y.L. Tan: “illogical ” to raise the corporate threshold in 2016

Indeed, the apprehension regarding the stringent eligibility criteria and concerns about fairness in presidential candidacy requirements are not limited to political analysts interviewed by Singapore’s mainstream media.

Prior to PE2023, CCherian George, a Professor of media studies at Hong Kong Baptist University, and Kevin Y.L. Tan, an Adjunct Professor at both the Faculty of Law of the National University of Singapore and the NTU’s S. Rajaratnam School of International Studies (RSIS), brought attention to the challenges posed by the qualification criteria for candidates vying for the Singaporean Presidency.

In their article titled “Why Singapore’s Next Elected President Should be One of its Last,” the scholars discussed the relevance of the current presidential election system in Singapore and floated the idea of returning to an appointed President, emphasizing the symbolic and unifying role of the office.

They highlighted that businessman George Goh appeared to be pursuing the “deliberative track” for qualification, which requires candidates to satisfy the PEC that their experience and abilities are comparable to those of a typical company’s chief executive with shareholder equity of at least S$500 million.

Mr Goh cobbles together a suite of companies under his management to meet the S$500m threshold.

The article also underscored the disparities between the eligibility criteria for candidates from the public and private sectors, serving as proxies for evaluating a candidate’s experience in handling complex financial matters.

“It is hard to see what financial experience the Chairman of the Public Service Commission or for that matter, the Chief Justice has, when compared to a Minister or a corporate chief.”

“The raising of the corporate threshold in 2016 is thus illogical and serves little purpose other than to simply reduce the number of potentially eligible candidates.”

The article also touches upon the issue of candidates’ independence from political parties, particularly the ruling People’s Action Party (PAP).

It mentions that candidates are expected to be non-partisan and independent, and it questions how government-backed candidates can demonstrate their independence given their previous affiliations.

The Workers’ Party advocate for a return to a ceremonial presidency

It comes as no surprise that Singapore’s alternative party, the Workers’ Party, reaffirmed its stance on 30 August, asserting that they believe the existing qualifying criteria for presidential candidates are skewed in favour of those approved by the People’s Action Party (PAP).

They argue that the current format of the elected presidency (EP) undermines the principles of parliamentary democracy.

“It also serves as an unnecessary source of gridlock – one that could potentially cripple a non-PAP government within its first term – and is an alternative power centre that could lead to political impasses.”

Consistently, the Workers’ Party has been vocal about its objection to the elected presidency and has consistently called for its abolition.

Instead, they advocate for a return to a ceremonial presidency, a position they have maintained for over three decades.

Continue Reading

Trending