14-year-old jumps to his death after unaccompanied police interrogation for Molest

[kuasimi]

14-year-old jumps to his death after unaccompanied police interrogation


http://www.theonlinecitizen.com/2016...interrogation/

https://www.facebook.com/theonlinecitizen/


http://forums.$$$$$$$$$$$$.com.sg/ea...e-5293405.html






Benjamin Lim receiving his edusave award from MP Irene Ng. (Permission to post Benjamin's photo given by his parents.)


By Terry Xu on January 31, 2016 Social Justice


Fourteen-year-old Benjamin Lim Jun Hui was found dead late Tuesday. He had apparently jumped off a ledge outside his 14th-floor flat in Yishun. Family and friends are still trying to make sense of the boy’s unexpected demise.

Five plainclothes police officers showed up at Benjamin’s school on Tuesday morning. He was taken away for questioning for allegedly outraging the modesty of an 11-year-old girl. Police shared that an anonymous neighbour had filed a report against Benjamin. On Monday, the 25th of January, he had allegedly followed the girl into a lift at a block of flats nearby, and molested her. Police also said that they had visited the school “to establish the identity of a student who was captured on closed-circuit television footage at the lift lobby of an HDB block”.

Benjamin was taken to the Ang Mo Kio Police Division Headquarters where he was interviewed for more than three hours by the police, before being released on a $2,000 bail. Shortly after returning home with his mother and sister, he locked himself in his room and jumped out the window. He did not leave a note. Police has classified the case as an unnatural death.

In a statement issued on Wednesday, the Singapore Police Force said that Benjamin’s mother had been informed and updated on the status of the investigations at various stages. They added that Benjamin had cooperated fully with the investigation before being released at around 2.50 pm on Tuesday.

TOC approached Benjamin’s family to find out more about the circumstances behind his death.

Five-plainclothes police officers picked Benjamin up from school during school hours

Benjamin’s mother, Mdm Teng, said she received a call from her son’s handphone on Tuesday morning. A police officer informed her that Benjamin was assisting in an investigation of a case of molestation, and told her to pick him up from the police station at around 3pm.

Mdm Teng said she then asked to speak with her son. According to her, Benjamin told her during the conversation that he did not commit the alleged offence. But before he could continue any further, the phone was taken away by the police officer.

Family denied access to teen

Mdm Teng said she asked the same police officer if she could go to the school to see her son. However, she was told it was not necessary for her to do so. Instead, she was instructed to wait for police to call her. The officer then hung up.

Immediately after the police officer hung up on her, Mdm Teng and her daughter went to Benjamin’s school hoping to find out what was going on. When they arrived, they were shocked to discover that Benjamin had already been taken away by police. He was not accompanied by anyone from the school.

According to Mdm Teng, no one at the school could tell her what was going on. The Discipline Master was only able to give her vague details about Benjamin being accused of molestation.

At about 1pm, the police called Benjamin’s home again and told Mdm Teng that her son had been arrested for molestation.

Mdm Teng and her daughter then made their way to the Ang Mo Kio Police Division Headquarters and requested to see Benjamin. However, the request was denied.

According to Mdm Teng, she waited for about half an hour at the reception area before a police inspector asked her to follow him. She was then brought to an interview room where a Chinese-speaking officer questioned her about Benjamin’s conduct and grades at school.

“I was puzzled why they brought me to be interviewed instead of bringing me to see my son,” Mdm Teng told TOC.

The interviewing officer then told her Benjamin had confessed to commiting a crime, and that the offence had been captured on CCTV footage. Mdm Teng said she told the officer she could not believe her son would do such a thing and requested to see the CCTV footage. She said the police told her, “This is the police’s investigation, not your investigation.”

Benjamin was released at about 2.50pm. Neither he nor Mdm Teng received a copy of their police statement.

“You say I am guilty, I’m guilty then.”

The SPF noted on Wednesday that Benjamin had not “exhibited any signs of being unduly distressed” throughout his two-hour engagement with them.

However, Mdm Teng told TOC that her son was not his usual self following his release. His hands were freezing cold and he hardly spoke. Benjamin’s sister added that he appeared somewhat “stunned”. She also queried the police’s assessment of her brother’s state of mind. “How can the police prove that Ah Hui (Benjamin) did not show any sign of being duly distressed?”

While waiting for the train at the MRT station, Mdm Teng asked Benjamin if he had indeed molested the girl. Benjamin told her he had not.

She then asked him, “Why then did you confess?”

According to Mdm Teng, this was what Benjamin said: “You say I am guilty, I’m guilty then.”

Mdm Teng said she told her son that he should not have admitted to the crime if he did not do it.

Before she could continue, the train came and they had to stop their conversation.

Locked himself in his room




Benjamin’s packed bag for the school camp


Prior to the police interrogation, Benjamin had been looking forward to attending a school camp. But shortly after returning home, a school counsellor called Mdm Teng to inform her that it was not appropriate for her son to attend the camp. He was told to stay at home instead. Mdm Teng said she was not able to discuss the issue further with the counsellor, who hung up promptly after delivering the message.

Mdm Teng said Benjamin showed no visible signs of emotion when she informed him of the school’s decision.

When Mdm Teng last saw Benjamin, he was playing with his handphone. A little later, she discovered that his bedroom door, which was normally kept open, was closed. Sensing that something was amiss, she used a spare key to get into the room. Benjamin was nowhere to be seen.




The table fan that Benjamin removed to access the window, The opened window in the background is assumed to be the one he climbed out of.




The ledge that Benjamin might have stood and jumped off.


The window was open, and a table fan that once sat on Benjamin’s table was on the floor. Fearing the worst, Mdm Teng rushed to the ground floor. She cried as she told TOC what she saw next: her son’s body lying motionless on the ground.

Mdm Teng said that police were already on site when she arrived downstairs. They tried to stop her from going near Benjamin, but she insisted on seeing him.

[kuasimi]

https://www.facebook.com/theonlinecitizen/
The area in which Benjamin’s body was found.


Well-liked student in school and a loved child at home

Benjamin’s father said his son was a thoughtful young man who understood that his family was not financially well-off, and had been working part-time at McDonald’s to help lighten their burden.

His mother said he was well-liked by his co-workers.

“Many of the aunties there praised him for being a helpful and friendly boy,” she recalled with a smile and tears in her eyes. “They congratulated me for having such a good son.”

Benjamin was also popular with his peers. Friends from the National Police Cadet Corps (NPCC) attended his wake and gave his family a special tribute to their departed friend.






Messages of praise for Benjamin from his friends.


They also presented Benjamin with his sergeant rank.





Tribute from family and friends laid across Benjamin’s bed.



The school’s reaction

When TOC visited Northview Secondary School, the vice-principal declined to be interviewed and sent two staff members to receive our questions. We have yet to receive any answers.

The New Paper, however, managed to speak to the principal. This is what he said:

“When the plainclothes police officers came to the school, we were discreet in bringing the student to the office to meet with the police.”

The New Paper also reported that the principal ensured that the boy was able to finish his meal before being taken to the police station.

Despite the report, questions remain. Benjamin’s father told TOC he hoped the boy wasn’t summoned to the principal’s office via the school’s PA system. According to Mr Lim, his son had also not finished lunch when he was called. He was only allowed to return to the canteen with a counsellor, after visiting the principal’s office.

It was reported that only one plainclothes officer was allowed to talk to Benjamin, in the presence of the vice-principal and discipline master.

Mr Lim expressed disappointment over the response by the school authorities. He told TOC the principal did not share any information about what transpired between the police and his son at school, neither did the school explain the decision to exclude Benjamin from the school camp.

Mdm Teng told TOC she believed that news of the school not letting Benjamin attend the camp must have contributed to his decision to jump. She said it was the last thing the boy heard before locking himself in his room.

Disappointing response by the police

Mr Lim said he asked the police numerous questions, but their standard reply was, “No comment.”

“They are very arrogant and irresponsible,” he told TOC.

According to Mr Lim, police called him three days after Benjamin’s passing, asking for a meeting at the Ang Mo Kio Police Division Headquarters. He said he declined because he did not want to see them at the place where his son was interrogated.

Mdm Teng said she had asked to see the police officer who interviewed her son. “Only he would know what happened,” she said.

It is unlikely the interview was recorded. Outrage of modesty is not a seizable offence under Singapore law unless the alleged perpertrator is caught in the act.

“My son died a very unjustified death,” exclaimed Mr Lim. “Why couldn’t they have waited until school was over? Why couldn’t they have waited till his parents were around?”

“My son died with his eyes open,” Mdm Teng added. Mr Lim had earlier told media that a priest had tried to close his son’s eyes but they kept reopening.

When asked if the family would take action against the police, Mr Lim said, “My family is not so well-to-do so we do not know how far we can pursue the case. But although we are poor, we have our dignity.”

TOC has sent queries to the SPF and will provide updates in the event of a response.

NOTE: TOC has received permission from the parents to share the photo of Benjamin. Benjamin is 14 years old and considered a minor, but what protection do minor’s have, especially in such a case where one has so tragically died under such problematic circumstances?

If the authorities are concerned with protecting minors, the police should consider whether its policies related to the arrest of minors (below age of 16) are appropriate, and in compliance with the UN Convention to the Rights of the Child (CRC), Section 40, 2(b) that Singapore is a signatory to.

Helplines
■Samaritans of Singapore (SOS) – 1800-221-4444
■National Family Service Centre – 1800-838-0100
■Singapore Association for Mental Health – 1800-283-7019
■Care Corner Mandarin Counselling Centre – 1800-353-5800
■Touchline (Touch Youth Service) – 1800-377-2252
■Tinkle Friend: Children – 1800-274-4788 on weekdays

[kuasimi]

Children handcuffed by police at Katong




http://www.theonlinecitizen.com/2014...ice-at-katong/





A photo showing 3 kids being handcuffed by 4 policemen was shared by Shan Ang on facebook. The incident captured by her took place at 9.15 am at 112 Katong, the junction of Joo Chiat Road and East Coast Road.

Ms Ang wrote in her post,

“I just saw 3 very young kids under hand cuff. Pains my heart that the police handcuff young kids like 6 yr old.

Can’t they just put them into police car n not handcuff them in public?

Two older kids like 8 or 9 years old are made to walk towards the police station with handcuffed!”

Ms Ang added that she does not know what crime the kids have committed.

It is said that the children were waiting at the spot with 3 policemen and were handcuffed when 3 other policemen arrived at the scene.

The two older kids were made to walk across the road while handcuffed towards police station taking around 10 mins while the youngest boy was seated in the police car.

The SPF wrote in response to question posed on its facebook fanpage on the incident saying,

“Police received a call on 27 December 2014 at about 8.09am requesting for assistance at a building along East Coast Road. Upon Police’s arrival, it was established that a case of Theft from Person had occurred. Three male subjects were arrested in relation to the case. The subjects were handcuffed for the safety of them and others as they had attempted to escape before Police’s arrival. Police investigations are ongoing.”

It is also stated that the three juveniles are aged between 9 and 12 years old.

Speaking to a former policeman, he said that the police generally would not handcuff individuals if they are under the age of 7 but there is a caveat based on the need to restrain – e.g. violent behavior exhibited by the individual.

So while the act of handcuffing children can be morally criticised, but still legally sound as the policemen could say that they had justification.

Questions have been sent to the Singapore Police Force on this incident and will be published when they respond.

[kuasimi]

Reexamine the role of school counsellors in criminal investigation of students


http://www.theonlinecitizen.com/2016...n-of-students/


Below is a letter submitted to TOC

By Chen Yi Quan

Under the Children and Young Persons Act it is stated that the act exists to:

provide for the welfare, care, protection and rehabilitation of children and young persons who are in need of such care, protection or rehabilitation, to regulate homes for children and young persons and to consolidate the law relating to children and young persons.

The suicide of the 14-year-old student immediately after his interrogation by the police on accusations of molest of another 11-year-old child calls into question the protocols in place in schools in the event of police detention. Why isn’t the school counselor at hand to provide the critical pastoral care for the young student?

As a parent myself, my heart goes out to the family of this young man, and it is my expressed view that nothing less than a state inquiry be conducted to bring to light the chain of events leading to his unfortunate suicide so as to facilitate safeguards pertaining to the psychological well-being of young persons in the event of police investigation work in future.

[kuasimi]

CAN: Special safe guards needed for criminal cases involving minors

http://www.theonlinecitizen.com/2016...olving-minors/



Singapore based NGO, Community Action Network (CAN) has issued a statement to voice its concern over the death of 14-year-old, Benjamin Lim who died of “unnatural causes” on Tuesday late afternoon after being interviewed by the police without the accompaniment of his parents.

Below is their statement in full

Community Action Network (CAN) would like to highlight the fact that as a signatory to the Convention of the Rights of the Child (CRC), Singapore should amend the Child and Young Persons Act (CYPA) to reflect the country’s ratification of the CRC, especially where the defined age of the child is concerned.

It is also clear that we need to implement special safe guards in place for criminal cases involving minors to ensure that those who find themselves assisting with the police in an investigation as a suspect, do not feel intimidated under any circumstances which may lead to trauma.

CAN is of the opinion that the tragic incident involving Benjamin Lim Jun Hui, a 14-year-old who died of “unnatural causes” on Tuesday, could have been prevented had everyone involved in the investigation of this case showed sensitivity towards the fact that they were investigating a minor.

Last but not least, we find it absurd that while public spaces are heavily surveilled with security cameras, interrogation rooms are not fitted with any cameras to allow for transparency of the interrogation process, which may be useful in an incident like this.

Endorsees: Shelley Thio, Roy Ngerng, Jennifer Teo, Woon Tien Wei, Rachel Zeng, Lynn Lee, and Jolovan Wham from Community Action Network together with individual endorsees, Vincent Law and Jevon Ng

The Community Action Network is a Non Governmental Organisation (NGO) based in Singapore concerned about freedom of expression, and civil and political rights.

Background of the case – The secondary three student was taken to the police station for investigation by five plainclothes police officers from his school on Tuesday morning and was interviewed for over 3 hours. Benjamin had been alleged to have molested an 11-year-old girl on Monday afternoon which he denies. Shortly after returning home with his mother and sister from the police station, he locked himself in his room and jumped out the window. (read more)

[sadfa]

Knn I thought Sam deleted your posts n ban you?
Why you're back?

[kuasimi]

Originally Posted by sadfa

Knn I thought Sam deleted your posts n ban you?
Why you're back?

Maybe Social Justice is bulletproof?

[ComplainKing]

Originally Posted by kuasimi

Maybe Social Justice is bulletproof?

Welcome back . Now that parliament is in session please help to compilie how many MPs did not attend the session.

Also recently the Honourable Transport Minister said that the frequent MRT breakdowns are an engineering problem. So the engineers are the ones to solve the problem.

Just a suggestion please at least do all your postings in 1 thread .

[sadfa]

Originally Posted by ComplainKing

Welcome back . Now that parliament is in session please help to compilie how many MPs did not attend the session.

Just a suggestion please at least do all your postings in 1 thread .

What in yr experience of kuasimi makes u think he capable of doing this?? Kaozzzz....

[sadfa]

Originally Posted by kuasimi

Maybe Social Justice is bulletproof?

I see spf no up just like I see your posts no up.
Knn after you come back, still copy n paste?
Where's your cb analysis???

Knn and they send 5 men after a 14 yr old kid.
Where were these heroes during the little India riots?
When they go arrest the 14 yr old, got show tactical awareness bo? Or all mass orgy N go n arrest.

Even if he use force on the ger, don't need to grab him in school. Just go his house n bring him n parents down.
Don't need to do in school.

If cctv footage is so clear, why need to interrogate him?

And Singapore is the only bs fake country where a confession from a 14 yr old child from a 3 hour interrogation can be acceptable. Haha what a joke!!

And Benjamin 14 yr old nia, fucking hero to last 3 hours.
Only idiots will think the police ask him nicely for 3 hours.

They are afraid of whackin him so I bet they knnbccb him nonstop. Saying he will b raped in jail n be a burden on his family so better confess

If cctv footage so clear, the parents will likely persuade him to admit it.

And where's the schools role in all this?
Wash their hands off n bochap?? Cb la.
No fucking support from school, don't expect students to care about the school.

And all this effort for fuck?
Very likely he kenna probation even if guilty unless he fucking violent on the girl or he rapist.

Benjamins parents learnt a valuable lesson.
The fucked up garbagement n the police is not for the people. Theyre to be used against the people.

From now onwards, its obvious they'll close ranks n the garbagement will smear a dead 14 yr old boy saying he deserved it n its his fault cos he's a criminal n they did everything by the book.

No NGO or lawyer can help the family.
No answer or satisfactory reply will b given.
No one will b answerable.
Form inquiry also useless.

Even if the family is poor, they should wake up n act n vote against the garbagement from now onwards.

Make Benjamins life and death meaningful.
Don't let him die in vain

[devilchan78]

Originally Posted by sadfa

Knn and send 5 men after a 14 yr old.
Where were they during the little India riots?

Totally agreed. Young life is lost. Must be tragic for the family.

[kuasimi]

Originally Posted by sadfa

I see spf no up just like I see your posts no up.
Knn after you come back, still copy n paste?
Where's your cb analysis???

Knn and they send 5 men after a 14 yr old kid.
Where were these heroes during the little India riots?
When they go arrest the 14 yr old, got show tactical awareness bo? Or all mass orgy N go n arrest.

Even if he use force on the ger, don't need to grab him in school. Just go his house n bring him n parents down.
Don't need to do in school.

If cctv footage is so clear, why need to interrogate him?

And Singapore is the only bs fake country where a confession from a 14 yr old child from a 3 hour interrogation can be acceptable. Haha what a joke!!

And Benjamin 14 yr old nia, fucking hero to last 3 hours.
Only idiots will think the police ask him nicely for 3 hours.

They are afraid of whackin him so I bet they knnbccb him nonstop. Saying he will b raped in jail n be a burden on his family so better confess

If cctv footage so clear, the parents will likely persuade him to admit it.

And where's the schools role in all this?
Wash their hands off n bochap?? Cb la.
No fucking support from school, don't expect students to care about the school.

And all this effort for fuck?
Very likely he kenna probation even if guilty unless he fucking violent on the girl or he rapist.

Benjamins parents learnt a valuable lesson.
The fucked up garbagement n the police is not for the people. Theyre to be used against the people.

From now onwards, its obvious they'll close ranks n the garbagement will smear a dead 14 yr old boy saying he deserved it n its his fault cos he's a criminal n they did everything by the book.

No NGO or lawyer can help the family.
No answer or satisfactory reply will b given.
No one will b answerable.
Form inquiry also useless.

Even if the family is poor, they should wake up n act n vote against the garbagement from now onwards.

Make Benjamins life and death meaningful.
Don't let him die in vain

The student is innocent until proven guilty.

The school should not have played Judge and found him guilty by taking away his trip to the school camp. It will only increase speculations among his peers.

The school also should not have allowed the Police to take the student away in the middle of school.

It takes huge amount of courage and depression to commit suicide and jumping.

The Police during interrogation maybe made the student felt totally helpless and the entire world is against him. To add insult, the school found him guilty before the the legal process could.

The school should have been positive and stood by the student's side until proven otherwise. The school administration was total rubbish.

WP MP Sylvia Lim did ask for police interrogation to be video recorded like any other developed countries police to protect all parties. But PAP said video recording of interrogation will hinder investigations. Other countries police can solve crimes even with video recording of interrogation, only SPF cannot solve crimes if have video interrogation?

Without video recording of the interrogation, it is the Police's word versus the deceased family's words. This case will be unresolved.


20140312 Video recording no longer a choice in police interrogations

https://likedatosocanmeh.wordpress.c...nterrogations/

March 12, 2014 by Phillip Ang


S Iswaran, Second Minister for Home Affairs, announced in Parliament on Thursday that police officers will wear body cameras from the middle of the year. Iswaran cited their use in countries such as the UK and Canada which have benefitted from the use of this technology. The hardware and support will cost millions but this will be tax dollars well spent.

Strangely, Iswaran ignores the fact that UK police have also been leveraging on the use of technology to video record the statements of accused persons in police custody. This suggestion was first brought up by WP MP Sylvia Lim during a MinLaw COS debate 6 years ago and subsequently in 2011 and 2013. link The response given was that “video recording does not ensure that statements are voluntarily given”.

The response was a non response because it ignored all the other benefits such as saving of police and court time in the event of the statements being challenged.

In 2013, Ms Indranee Rajah’s response again ignored all the benefits of video recording. She claimed there were “clear avenues available” for “an accused (who) wishes to challenge the statement given by him”. link

Recent allegations of police abuse/assault and the use of unprofessional or dubious tactics of interrogation have surfaced. Andrew Loh highlighted the following instances:
– Lutz Pfannenstiel, former goalkeeper, alleged that CPIB officers had assaulted him during questioning.
– Ng Boon Gan, ex CNB chief, alleged that CPIB deputy director had pressured him into pleading guilty.
– Law professor Tey Hsun Hang alleged the use of heavy-handed tactics to force him to make “confessions” while he was under medication. (after serving his jail sentence, Tey appealed and the High Court acquitted him of all charges of corruption link)

In 2009, Neo Siong Leng, CPIB investigator was charged with hurting a Chinese national Lin Yanmei’s knee during investigation. He was later found not guilty by the courts.

Police and court limited resources have been expanded and wasted. Perhaps Ms Indranee is agreeable to wasting the court and police time?

During a police interrogation, Chinese SMRT bus drivers had also alleged in a video interview that they were abused and threatened by police officers for taking part in a strike. Despite the conclusion of police investigations and the issue of a statement denying the abuse had taken place, one of the bus drivers continued to insist that the alleged assault had taken place.

Without video evidence, many citizens may tend to believe the driver instead of the police.

(read Andrew Loh’s article for more details)

Indranee went on to say that she thought “the government recognises the rationale behind the suggestions” and this suggestion will be considered when “MHA further reviews the processes”.

It has been a year since Indranee vocalised her thought on this issue and 6 years since Sylvia Lim first brought it up. It does not cost an arm and a leg, so why has the government repeatedly refused?

In a MinLaw COS debate speech, Assoc Prof Ho Peng Kee said: “The crux of the matter lies in whether Singaporeans have trust and confidence in our legal system and our Police Force. On both counts, this is the case.” That was 6 year ago in 2008. After the recent spate of high profile cases of corruption, including the ‘incorruptible’ CPIB, the trust and confidence in our legal system and Police Force is unlikely to be the same.

The repeated refusal to implement video recording during police interrogations may lead to increasing speculation of wrongdoing and cover up by the police. The government should not continue to ignore MP Sylvia Lim’s suggestion as the introduction of video recording could also “help protect the integrity of Singapore police”.

[kuasimi]

https://www.facebook.com/publichouse...21836151243740


publichouse.sg
March 7, 2013 ·

WP MP Sylvia Lim, in Parliament:
MinLaw – Criminal Procedure (3 min)

I would like to raise 2 areas for review concerning the investigation and pre-trial stages of criminal cases.


First, I would like to re-visit the suggestion to video-record the statements given by accused persons in custody. This practice of video-recording is in place in several advanced jurisdictions including Australia, the United Kingdom, South Korea and Taiwan.


Its purpose is as a safeguard, to ensure that the person in custody gave his statement voluntarily and that the words in the statement fell from the accused’s own lips and were not force-fed.

I first raised this issue during MinLaw’s COS 5 years ago, in 2008. At that time, the government response was that video-recording does not ensure that statements are voluntarily given. In 2011, MinLaw made a similar response after the Ismil Kadar case.


While I agree that video-recording is not a fool-proof guarantee against impropriety during investigations, the benefits of doing so are undeniable and accrue to both the state and the defence. For the state, it offers significant protection to our law enforcement officers against groundless allegations that they threatened the accused or subjected the accused to duress.

Footage of the statement recording will show the demeanour of the accused and the recording officer, to enable the court to come to certain conclusions about whether the accused’s will was sapped through sleep deprivation or he was not in a proper frame of mind during the recording.

Furthermore, statements are often challenged by the defence on the ground that the words in the statement were put in by the recording officer and did not come from the accused.

A video-record would settle that question decisively.

In other countries, video recording has been found to save police and court time, as both sides may decide not to pursue certain matters after viewing the recording. At the same time, it is a safeguard to maintaining high standards of law enforcement.

We in Singapore may need this safeguard even more, since an arrested person’s right to see counsel under arrest is so limited. Would the government at least re-think its position on this issue, or pilot some trials?

Secondly, the Criminal Procedure Code 2010 introduced a new pre-trial case disclosure regime where both prosecution and defence are required to disclose evidence relevant to the case well ahead of the trial.

Since its implementation, I have assisted as defence counsel in a few court cases under the framework, and I can see its value and contribution towards a fair trial.

Currently, only District Court cases under the Penal Code and selected statutes come under the disclosure regime. Other cases, e.g. those charged under the Prevention of Corruption Act, have not been brought under the framework yet. As the framework has proven useful and successful, when will its scope be expanded to cover other laws like the PCA?

[kuasimi]

COS 2013 Debates: MinLaw – Criminal Procedure (MP Sylvia Lim)

http://www.wp.sg/cos-2013-debates-mi...mp-sylvia-lim/


Posted March 8, 2013 / Committee of Supply 2013, law, sylvia lim in Committee of Supply 2013, law, sylvia lim


By MP for Aljunied GRC, Sylvia Lim
[Delivered in Committee of Supply on 8 March 2013]

I would like to raise 2 areas for review concerning the investigation and pre-trial stages of criminal cases.

First, I would like to re-visit the suggestion to video-record the statements given by accused persons in custody. This practice of video-recording is in place in several advanced jurisdictions including Australia, the United Kingdom, South Korea and Taiwan.

Its purpose is as a safeguard, to ensure that the person in custody gave his statement voluntarily and that the words in the statement fell from the accused’s own lips and were not force-fed.

I first raised this issue during MinLaw’s COS 5 years ago, in 2008. At that time, the government response was that video-recording does not ensure that statements are voluntarily given. In 2011, MinLaw made a similar response after the Ismil Kadar case.

While I agree that video-recording is not a fool-proof guarantee against impropriety during investigations, the benefits of doing so are undeniable and accrue to both the state and the defence.

For the state, it offers significant protection to our law enforcement officers against groundless allegations that they threatened the accused or subjected the accused to duress.

Footage of the statement recording will show the demeanour of the accused and the recording officer, to enable the court to come to certain conclusions about whether the accused’s will was sapped through sleep deprivation or he was not in a proper frame of mind during the recording.

Furthermore, statements are often challenged by the defence on the ground that the words in the statement were put in by the recording officer and did not come from the accused. A video-record would settle that question decisively.

In other countries, video recording has been found to save police and court time, as both sides may decide not to pursue certain matters after viewing the recording. At the same time, it is a safeguard to maintaining high standards of law enforcement. We in Singapore may need this safeguard even more, since an arrested person’s right to see counsel under arrest is so limited. Would the government at least re-think its position on this issue, or pilot some trials?

Secondly, the Criminal Procedure Code 2010 introduced a new pre-trial case disclosure regime where both prosecution and defence are required to disclose evidence relevant to the case well ahead of the trial. Since its implementation, I have assisted as defence counsel in a few court cases under the framework, and I can see its value and contribution towards a fair trial.

Currently, only District Court cases under the Penal Code and selected statutes come under the disclosure regime. Other cases, e.g. those charged under the Prevention of Corruption Act, have not been brought under the framework yet. As the framework has proven useful and successful, when will its scope be expanded to cover other laws like the PCA?

[sadfa]

Kuasimi you fucking weak la.

The school didn't find him guilty la.
If you're investigated for siphoning money, your company must b damn stupid to let you still be in charge of money.

It's obvious the school is being buddy buddy with the police n do wad the police wants.
Cb! Is this a school or another arm of the government?? Whats their role with regards to students?
I don't think this is a beng or SS school where There are daily troubles n Benjamin don't sound like one.

And police even ask the family down for meeting.
Smart thing the family told them fuck off la.
Even a Jackass knows there won't b any apology or answers the family wants given.