Interesting comments from
“Sir” on Blog “Limpeh is foreign talent”
http://limpehft.blogspot.sg/2012/07/no-cover-up-at-chc.html
Do not miss the odds at
the end…
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I know a little bit about the Law here, so here's my 2
cents worth. All this of course is very subjective and should
in no way be construed as acts of guilt of the part of the accused.
The prosecution is duty bound to proof its case beyond a reasonable
doubt, not just raise some doubt.
However I think you mixing UK justice system with ours. Here plea
bargaining rarely occurs at the arrest stage by police (CAD in this
case). Here once a report is made against you (which had to be the
case, CAD dont just go investigating people for fun). The police
will look at the merits of the report, interview the complainant
and record his statement. If any allegation of a crime is made out,
they will then take the next steps, either call up the parties
named or it's serious enough, launch a raid to prevent further
offences and to seize case property. This is not done haphazardly.
The CAD Director would almost certainly be informed and a task
force or team formed to look at the issue. Normally the AG's
Chambers (prosecution) is not consulted at this stage, police
investigations are solely the purview of the police. Plus unlike
the UK, the Laws here provide sufficient powers to the police as
far as warrants are concerned. (No need for a judge to issue a
search or arrest warrant).
So the CAD could do a few things, either call the
parties named for the interview or arrest them. I think they did
the former, called up KH, and of course for something like this,
can't be a 1 man job, so others who knew or had access to the funds
would also be called up. Even those not named
initially.
Their statements recorded and their versions listed down. Of course
at some stage an arrest would have to be made (technically on
paper, doesn't mean they have to be the lock-up), that would
explain the long hours they spent at Cantonment. No lawyer would be
present at police investigation stage. Over the next days, weeks or
months, items such documentation etc would be seized or asked to be
turned over.
After all these, the persons would be told they can either go back
and wait to be called again if a decision is made or to clarify
certain issues, or released on bail pending the decision. In any
case the bail would allowed to lapse (if it takes more than a month
or more as happened here). Their passports could be impounded if
necessary (not done here).
After all this, the CAD would review the evidence, statements of
accused, victims and complainants. If it is clear cut, a decision
would be made to charge or drop the case. But since this was more
complex, they would study it further and at this stage, the case
would referred to the Public Prosecutor (the AG) and a DPP(s)
assigned to review it.
Now this is totally at the hands of the DPP at this stage, no plea
bargaining yet. The DPP will decide if their is sufficient evidence
to charge them ( 1, 2 or all) in court.
of course other persons would also be called up.
Now here is where your next part comes in. If all of them are in
denial, then would out rightly deny the charges. But if 1 or 2 are
not, they may have co-operated with the investigations. 5 were
charged here, maybe more than 5 were called up or accused at that
stage. Depending on their degree of wrong-doing, the DPP, might not
want charge the others, if they were helpful in investigations and
agreed to testify for the prosecution. But these 5 probably did not
help or were in the DPP's view, the main players and had to be
charged no matter what.
Once the DPP has decided to charged them (from whatever
total of persons under investigation) in court, they would have be
arrested officially again and kept in the lock-up. Finger-printed
and all that. A cautioned statement must be recorded, where the
charges are officially read to the accused and they are asked if
they want to say anything, which must be recorded down and will be
tendered in court. Of course KH and gang are no mugs, they would
have had legal advise, and told to deny the charges and say nothing
else.
Thereafter they would be released on court bail to attend court
soonest (usually the next day). They would then be charged in court
and a new bail would be fixed by the Court (500k here) and their
passports impounded. This is called the 1st mention, and the
charges would be read in open court and their pleas noted, guilty
or claim trial. They would be allowed to engaged a lawyer and
another mention date would be fixed usually 2-4 weeks later (25th
June).
On the 25th, they would have time to consult their lawyers and the
lawyers would take it from there, normally they would ask for more
time to review the charges and to make representations to the AG's
Chambers (the DPP in charge of the case). The case would then be
fixed for pre-trial conference (PTC). There would a few procedural
appearances at this PTC stage, where the DPP has to present the
evidence the want to use in the case to the defense and the list of
witnesses. This whole thing could take 3-6 months. In the interim,
here is where the plea bargaining can take place.
The respective lawyers would make representations based on the
evidence reviewed to drop certain charges or offer to plead guilty
to a lighter one. Since all 5 have different counsel (I think),
this becomes interesting. What if 1 or more of them, decide that
ok, yes, we did something wrong and will plead guilty? Or are
advised to do so by their lawyers after an offer from the
DPP?
Or if 1 or more decide to shoulder all the blame and exonerate the
others? So many factors can come into play. For that matter KH,
could be totally innocent of the charge in that he didn't know or
approve of the transfers etc, and this was done by his subordinates
trying to do 'good' in their own view. Maybe even the subordinates
did what they did without any criminal intent to deceive. Or that
they only committed procedural violations of false declaration
(still an offence but not cheating).
But after all this, say all of them stick to their guns and claim
innocence, then a date would be set for a trial. I think will only
take place in late December or early 2013. But if some of them
plead guilty, then they would be sentenced first and they could
then be called up to testify in the trial of the others, and their
admission of guilt will be placed on record and used as evidence
against the others.
There's so many other things to write about, but I
think, I shall stop here for the moment. On a lighter side, I've
decided to 'act like a bookmaker ala William Hill et al' as they do
in the UK, who would offer odds for something like
this.
Of course this is purely for fun, and in no way am I gonna gamble
or accept bets on this.
Verdict only
-----------------------------------------
My opening odds would be (only for
Kong Hee)
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Innocent (Acquitted of all the charges) 15-1
Convicted of 1 or 2 charges but not all. 5-2
Convicted on all charges. 3-1
A plea of guilt would naturally count as a conviction.
Total Sentences to serve(if found guilty):
0 - 5 years. 33-1
> 5 years - 7 years. 15-1
> 7 years to 10 years. 7-6
> 10 years - 13 years. 11-8
> 13 - 15 years. 7-1
> 15 years - 20 years. 33-1
*20 years and above. 100-1
#Life 500-1.
Total sentence only refers to consecutive sentences. If for example
he gets 5 years for each charge (total 15), but only 2 are
consecutive (the other concurrent), that means his total sentence
is only 10 years. Likewise if he get 7 years for 1 charge and the
other 2 are taken into consideration (TIC) or 7 years concurrent,
his sentence is only 7 years in total.
*The maximum for his charge is up to 20 years (and life). So he can
only be sentenced to 20 years on each charge, but if 2 are
consecutive, he can go above the 20 years mark, eg, he gets 11
years + 11 years = 22 years.
# If the sentence for 1 charge is life, the others, x numbers
years, the total sentence to serve is only the life
sentence.
(Life sentence in Singapore means life in the ordinary term, but
after 20 year mark there might be a periodical review after a
certain numbers years to grant a release)
Just to add, neither he nor any of the others are likely to get
life in my view. (the case is at the Sub Courts, only the High
Court can impose the life term, of course it can be transferred to
High Court for hearing)
Even at a High Court hearing it's unlikely he'll get life as a 1st
offender, or any combination of sentences above 20 years for that
matter. Though of course I can be wrong.
My take is 3 possible scenarios:
1. He is acquitted entirely. Somebody else gets the can
2. He's convicted on 1 or 2 charges only and gets 7 - 10 years in
total.
3. He's convicted on all 3 and gets >10 - 13 years
No, I am not a lawyer. Did work in the Police for a
short time (7 years), in lieu of NS. Once you join uniformed group
and serve for 5 straight years, you've considered to have served
your NS liabilities. I would have rather served NS but the pay was
way too low then (about $200 + or -), and I had to support myself
and contribute to the family, so becoming a regular was the best
option. Plus we were in a recession then (just after the 1987 stock
market crash). Not many jobs around, so the Civil Service offered
some job security.
But this knowledge about the Law was gained both by my time in the
Police and by keeping abreast of the Law thereafter.
On a brighter note, I am pleased to inform you (if you haven't
heard already), our 'beloved Govt' (I'm sure you can take a hint),
has finally decided to review the mandatory death penalty
here.
So hopefully we will see lesser cases of stupid young drug mules,
sentenced to death, like the unfortunate cases of the young Viet
Australian boy, another Tamil Malaysian and now another Malaysian
Chinese (I think), whose lawyer is trying his level best to get him
off the ropes (sorry for the gallows humour).
There are now 35 persons on death row in Singapore, let's hope and
pray that many, if not all, are able to get their sentences
commuted to life.
I am not totally against the death penalty, I do believe that some
offenders are too hardcore, callous, depraved and evil to be
allowed to live and worse still, maybe 1 day be released to
society.
For aggravated murder (especially after rape and torture, brutality
against children) and other serious cases like kidnapping for
ransom, which involves a degree of planning, wanton terrorism
against innocent civilians, I think the death penalty is the best
available punishment and deterrence. Even for the unlawful
discharge of a firearm (or explosive) in order to commit crime.
This gun law has made Singapore really safe from gun crime, I don't
think we've had a case since the '1 eyed dragon case' 5 years or so
ago, whereas we this occurring quite regularly across the
border.
Sorry for being too long winded, once I start, it's so hard to
stop!
