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High Court increased jail sentences of three National Service defaulters

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In view of the attitude that NS can be avoided, the High Court said that the attitude would ‘weaken our national security – (which is) simply intolerable’. To avoid this mindset, the High Court increased the jail terms of three National Service (NS) defaulters on Tuesday (25 Apr).
The court is expected to issue a detailed judgement, to set out a new sentencing framework for defaulters. Under the revised framework, three categories of defaulters will face jail terms.
In the worst category are defaulters who avoid the entirety of their NS obligations. Ang Lee Thye, who was given a 24 months jail term, had his jail term raised to 33 months for defaulting on enlistment for 23.5 years, the longest possible default period.
Ang only surrendered to authorities when he was 41 years old, he had remained outside Singapore without a valid exit permit for 23.5 years.
The prosecutors said, “He timed his eventual return, coming back to Singapore after he had turned 40 and was no longer a person subject to the Enlistment Act.” Ang has evaded his NS obligations completely and the court raised Ang’s 24-month jail term to 33 months.
Brothers Sakthikanesh Chidambaram, 26, and Vandana Kumar Chidambaram, 24, fall into the next category of defaulters – the ones who miss the entirety of the service duration of their cohort. The brothers had defaulted for more than five years and more than three years respectively.
The former sentence was three weeks’ imprisonment for Sakthikanesh and a fine of S$6,000 for Vandana last year, but due to an appeal by the prosecution last year, the High Court increased their sentences to 10 weeks jail term for Sakthikanesh and seven weeks jail term for Vandana. The S$6,000 fine will be refunded.
The third category, the court said, are the in-betweens, those who because of their default decrease their ability to serve their NS obligations, either in terms of duration or in terms of their ability.
The court comprised of Chief Justice Sundaresh Menon, Judge of Appeal Chao Hick Tin and Justice See Kee Oon.
Solicitor-General (SG) Kwek Mean Luck, who led the prosecution, argued for stiffer jail terms for the three men, citing the importance of general deterrence.
SG Kwek said, “A signal must be sent to those who seek to game the system that NS evasion will be met with stiff penalties.”
“New threats have emerged and existing threats have evolved. Such threats underline the importance of having a credible defence force in Singapore, central to which is having sufficient soldiers who are fit to take up combat vocations.”
“As Singapore’s fertility rate falls, so will the pool of male Singaporeans who are fit for enlistment,” SG Kwek said, “Every person who is fit for enlistment counts and must be enlisted for Singapore’s defence and security,” he stressed.
SG Kwek also reminded the court of the potential raise for NS default, pointing to the number of transnational marriages that is increasing and the number of Singaporeans living overseas.

A conducting brief at the start of the technical handling lesson in the basic military training centre / photo: Basic Military Training Centre Facebook

Exclusion of mitigating factors
The court stated that it disagreed with the sentencing framework currently in place, relating on points such as a defaulter’s connection to Singapore and the standard of their NS performance, should they return to fulfill their obligations.
The three issues commonly raised by defaulters as mitigating factors are:

  • Their substantial connection (or lack thereof) to Singapore;
  • Their exceptional performance (of those who return to serve NS); and,
  • Voluntarily surrendering and pleading guilty when they are arrested and charged upon returning to the country.

Chief Justice Menon said, “We do not regard the substantiality of an offender’s connection with Singapore as a relevant factor (because) NS is an obligation of every male Singaporean.”
“Every male citizen will be liable for NS as long as the Ministry of Defence (MINDEF) issues enlistment papers to them, regardless of how long they have spent away from Singapore or the extent to which they have benefited from Singapore citizenship, except in truly exceptional cases,” the Chief Justice said.
On the standard of performance of a defaulter, the court said it is the obligation of every male Singaporean to do his best in NS. This is simply a matter of national pride and loyalty. Chief Justice Menon said, “For a defaulter to be rewarded for doing no more than what his law-abiding fellow National Servicemen are doing ‘seems wrong’,” he stated.
“It would create a ‘perverse incentive’ for fit Singaporeans to choose unlawfully to do their NS later,” he said, “In any event, we also fail to see how we, the courts, can be in a position to assess what constitutes good enough performance for this purpose.”
To the issue of voluntary surrender and plea of guilt, the court ruled it as ‘fact-specific.’

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Court Cases

Impeachment bid against Raeesah Khan rejected: Court finds no ‘material contradiction’ in testimony

During Wednesday’s trial, lawyer Andre Jumabhoy sought to impeach Raeesah Khan, citing contradictions in her testimony. Despite objections from Deputy Attorney-General Ang Cheng Hock, Jumabhoy argued that a text message contradicted her statements. The judge ultimately rejected the impeachment bid.

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Andre Jumabhoy, the lawyer representing Pritam Singh, Secretary-General of the Workers' Party and prosecution witness Raeesah Khan

During the trial on Wednesday morning, Andre Jumabhoy, the lawyer representing Pritam Singh, Secretary-General of the Workers’ Party, accused prosecution witness Raeesah Khan of repeatedly lying during her cross-examination on Tuesday and sought to impeach her.

Jumabhoy argued that a text message sent by Khan to Singh on 4 October 2021 was “materially contradictory” to the evidence she provided in court.

After Khan was asked to step down from the stand, Jumabhoy formally made an oral application for impeachment. However, Deputy Principal District Judge Luke Tan suggested that Jumabhoy gather more evidence before proceeding. Despite this, Jumabhoy pressed on with the application, claiming that the text message demonstrated a significant discrepancy between Khan’s court testimony and her actions.

In his oral submissions, Jumabhoy argued that the text message showed Khan had acted inconsistently with her testimony. He alleged that this discrepancy undermined her credibility.

However, Deputy Attorney-General (DAG) Ang Cheng Hock objected to the impeachment, arguing that the text message aligned with the overall gist of Khan’s testimony.

DAG Ang pointed out that Khan had not received the confirmation she sought from Singh and instead followed his prior advice, maintaining her interpretation of what Singh had allegedly told her during a meeting at her home on 3 October 2021.

Ang further stressed that the court should consider the entire context of the situation, rather than focusing solely on the text message. He argued that relying only on the text would be “completely inappropriate,” asserting, “There is no material discrepancy.” DAG Ang concluded that the grounds for impeachment had not been met.

Ultimately, the judge agreed with the prosecution’s objection and refused the impeachment request.

Deputy Principal District Judge Luke Tan, reading the agreed statement of facts (SOF), told the counsels that he agreed with the prosecution’s view. He noted that Raeesah Khan’s response to why she did not tell the truth could not be considered in isolation, as there had been prior discussions that provided important context.

The judge also noted there was no dispute that a meeting between Singh and Khan took place on 3 October 2021, as documented in the SOF. Singh had visited Khan at her home, during which he allegedly advised her on how to handle her parliamentary lie about a rape victim’s experience with the police.

It was further revealed that Khan sent Singh a text message on 4 October 2021, asking for further guidance during the parliamentary sitting, where Law and Home Affairs Minister K. Shanmugam questioned her.

Judge Tan acknowledged that it appeared Khan was specifically confronted by Shanmugam, prompting her to reach out to Singh for reassurance.

The judge ultimately concluded that Khan’s response was consistent with her earlier claims about Singh’s advice. He stated, “I do not see a contradiction, let alone a material contradiction.”

In a separate line of questioning, Jumabhoy challenged Khan’s previous testimony that Singh did not require her to tell the truth about her false statements in Parliament.

He raised an email sent by Singh to all Workers’ Party MPs on 1 October 2021, stressing the importance of backing up statements made in Parliament to avoid facing the Committee of Privileges (COP).

In her testimony, Khan claimed that she and Singh did not discuss this email during their meeting on 3 October.

Jumabhoy suggested that Singh’s email highlighted the serious consequences of lying in Parliament, contrasting with Khan’s claim that Singh told her there would be no judgment if she maintained her false account. He argued that any reasonable person would have been confused by these conflicting messages and would have sought further clarification from Singh.

Khan, however, maintained her version of events, testifying that Singh had advised her to “continue with the narrative” during their 3 October meeting. She stated that if Singh had told her to confess, she would have prepared accordingly and told the truth.

Jumabhoy pressed further, questioning whether Khan, as an experienced MP who had been in Parliament for over a year, needed specific instructions to tell the truth.

He emphasized that she did not need a directive to lie, yet claimed she required one to tell the truth. Khan responded that she sought advice from her leaders out of fear and confusion, as she felt overwhelmed by the mistake she had made.

Jumabhoy continued to argue that Khan should have questioned Singh’s advice if she found it vague or inconsistent with his previous email about parliamentary consequences. He pointed out that Khan had texted Singh during the 4 October parliamentary sitting, asking for reassurance when Shanmugam confronted her, suggesting that if Singh had already told her what to do, there was no need for this additional message.

Khan responded that she sought reassurance to confirm Singh still supported her decision to maintain the narrative, even after their discussion the night before.

Despite these arguments, the judge ultimately sided with the prosecution, ruling that there was no material contradiction in Khan’s testimony and denying the impeachment request.

The trial continues, with Singh facing charges under the Parliament (Privileges, Immunities and Powers) Act, related to lies told by Khan in Parliament in August 2021 about a rape victim’s interaction with the police.

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Court Cases

Pritam Singh’s defence accuses Raeesah Khan of consistently lying

During a cross-examination in court on 15 October 2024, Pritam Singh’s defence, led by lawyer Andre Jumabhoy, accused former Workers’ Party member Raeesah Khan of repeatedly lying, including during a parliamentary session. The defence aimed to impeach her credibility, arguing her statements conflicted with previous accounts.

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Raeesah Khan, Pritam Singh accompanied by his lawyer, Andre Jumabhoy

The defence team representing Pritam Singh, Secretary-General of the Workers’ Party (WP), began its cross-examination of former WP member Raeesah Khan on 15 October 2024 at 11:45 am.

Singh’s lawyer, Andre Jumabhoy, accused Khan of repeatedly lying, both in parliament and to Singh himself. These accusations relate to Khan’s 2021 parliamentary anecdote where she falsely claimed to have accompanied a rape victim to a police station.

During the intense cross-examination, Mr Jumabhoy focused on inconsistencies in Khan’s statements.

His questioning centred on the narrative Khan shared in parliament on 3 August 2021, where she described accompanying a woman to a police station.

Khan alleged that the police made inappropriate comments about the woman’s attire and alcohol consumption. she later admitted this story was fabricated, leading to significant consequences, including a Committee of Privileges (COP) inquiry.

The defence argued that Khan’s lies extended beyond her parliamentary speech, accusing her of misleading Singh through subsequent communications.

Mr Jumabhoy highlighted a series of text messages between Khan and Singh, emphasising how Khan avoided revealing the truth.

In one exchange, Singh asked Khan for more details about the victim. Khan replied that she was unsure if she could contact the victim, but Mr Jumabhoy pointed out that Khan had no real knowledge of the victim and was continuing to fabricate details.

He remarked, “You’re adding more facts to support a lie … So it’s a lie heaped upon a lie.”

In her defence, Khan acknowledged lying but cited fear and pressure as reasons for her actions.

She explained that her respect for Singh, whom she described as a mentor, contributed to her decision to continue lying. “I was so scared of disappointing him, I just let it snowball,” Khan testified.

However, this admission did little to deter the defence’s efforts to discredit her testimony further.

Towards the end of the hearing, Mr Jumabhoy applied to impeach Khan’s credibility as a witness. The defence argued that prior inconsistencies in Khan’s statements warranted such action.

Two specific instances were presented where contradictions appeared between Khan’s police statements and her court testimony.

One instance focused on an email sent by Singh to all WP MPs on 1 October 2021 regarding parliamentary protocol.

According to Mr Jumabhoy, Khan’s account of this email differed between her police statement and her court testimony.

In court, Khan suggested that the email was a subtle reprimand directed at her. In contrast, her police statement indicated that the email caused her fear, as she worried her earlier lie would be exposed.

Deputy Attorney-General Ang Cheng Hock challenged the relevance of this discrepancy, arguing that it did not warrant impeachment as Khan had not been asked explicitly about her emotional reaction to the email.

The second instance involved a meeting between Singh and Khan on 3 October 2021, where they allegedly discussed the possibility of her false statement resurfacing in parliament.

Khan’s police statement indicated that Singh referred to his parliamentary protocol email and warned that “they might bring it up again,” referencing her lie.

However, in her court testimony, Khan suggested Singh had indicated the matter was unlikely to resurface. This inconsistency was another point the defence used to challenge her credibility.

Despite the prosecution’s objections, Deputy Principal District Judge Luke Tan agreed that there was an “obvious discrepancy” in Khan’s account and allowed the defence to continue exploring this line of questioning when the hearing resumes.

Throughout the cross-examination, Mr Jumabhoy persistently questioned the reliability of Khan’s recollections. He pointed out that Khan had provided multiple versions of her accounts regarding key events, such as a meeting held at Singh’s home on 8 August 2021.

According to Mr Jumabhoy, Khan’s testimony to the COP in December 2021 differed significantly from her current statements.

He noted that Khan’s COP testimony initially suggested she was advised to maintain her narrative unless questioned, while a later statement indicated a decision to “take it to the grave.” Khan explained these differences by attributing them to the specific context of the questions posed to her during the COP inquiry and her police interview.

Khan appeared more composed on Tuesday compared to the first day of the trial. She often answered Mr Jumabhoy’s questions directly but also sought deeper understanding of his queries, asking for clarifications and even posing questions back to him.

As the hearing continues, the defence is expected to further question Khan on the discrepancies in her testimony, potentially undermining her credibility.

The court session will resume on Wednesday, with the focus on the defence’s continued cross-examination of Khan.

This case has drawn public attention due to its implications for parliamentary integrity and the internal dynamics within the Workers’ Party. Singh faces two charges related to his handling of Khan’s false statement.

If convicted, Singh could face up to three years in prison, a fine of up to S$7,000 (US$5,360) for each charge, or both.

A fine exceeding S$10,000 for a charge could disqualify Singh from Parliament and prevent him from running for election for five years.

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