Saturday, July 31, 2010

Alan Shadrake decides to fight!

."I will not grovel to them....I will carry on this fight." - Alan Shadrake

They offered to drop the charges if he apologised but he refused to roll over. The contempt of court charges only require the prosecutors to prove that there is "inherent tendency" to affect the administration of justice:

"Attorney-General v Hertzberg and others [2009] 1 Singapore Law Reports 1103, which has generated worldwide interest as it arose out of articles published in the Wall Street Journal Asia. In Hertzberg, the High Court of Singapore held that utterances by an alleged contemnor are actionable if they merely have an inherent tendency to affect the administration of justice."

It was reported that the prosecution will put up 20 pages of Shadrake book as evidence. It does not matter if those 20 pages contain fact or fiction, as long as "inherent tendency" can be proven Shadrake will be found guilty. i.e. for Shadrake to win, he has to prove he did not write his own book given what those 20 pages say about how the law is applied in Singapore it is trivial to prove 'inherent tendency'. The integrity of our courts is protected by prosecuting anyone who questions it. That there is justice and equality in our legal system and anyone who says otherwise will be presecuted by the system itself will reassure the public of its integrity is a strange notion. What this will effectively do is intensify the fear in ordinary citizens to speak up when they experience injustice and unequal treatment under the system. The just and equal administration of the law depends very much on the people running the system - what goes on in their head, what they fear will happen to them if they behave in a certain way. Knowing that they are protected because people are unable to speak up against the justice system will take away some amount of check and balance in the system.

The Shadrake case somehow reminds me of another 'equality' issue that was discussed a few years ago....and I will use it to illustrate that whatever the intent of the laws and systems we have in place ultimately it is people in the system and their attitude that determines if you get fair and equal treatment for all. A few years ago, the issue of whether there were NS men identified 'white horses' cropped up in parliament. For the non-Singaporeans reading this, these 'white horses' were the sons of the rich and powerful and there was unhappiness among Singaporeans who perceived that these 'white horses' were given special treatment during NS. Cedric Foo who was Minister of State for Defence explained that 'white horses' did exist and these people were classified to ensure that they did not receive special treatment[Link] i.e. they were to be treated the same as sons of cleaners and hawkers. So the expectation of the govt was that once the COs, ICs and platoon commanders knew that there was a 'white horse' in their unit, they would make sure that he was treated as harshly as they would treat a hawker's son. That is how the PAP expects human beings to behave to bring about greater equality in our society ...that also explains the level of equality we have been getting as a result of their policies. Whether our justice system is fair, depends on the people in the system and how vigorously they will pursue equality in the application of the law....that Vui Kong is treated the same as anyone else even the child of an MP or someone from the upper echelons of our society depends on the people in the system and what they believe will be the consequences of their actions. So if a SAF commander believes that he will be badly reprimanded if he does not punish a 'white horse' as harshly as he would a hawker's son, there will be greater equality among those serving their NS. Those who have served their NS can see for themselves what actually happens on the ground and that is also true for the justice system...people will know what the truth is regardless of what can and cannot be said about the system.
---------
Death penalty book author defiant in Singapore [Link]
(AFP) – 16 hours ago

SINGAPORE — A British author facing a possible jail term over his book criticising Singapore's use of the death penalty was defiant following his first court hearing Friday.

Alan Shadrake appeared in a packed courtroom to hear contempt of court charges levelled against him by the Attorney General following the local launch of his book "Once a Jolly Hangman: Singapore Justice in the Dock".

A High Court judge granted an adjournment, giving Shadrake's lawyer two weeks to further prepare for the case and another week for prosecutors to respond.

With his passport impounded to prevent him from leaving the country, the 75-year-old freelance journalist remained defiant despite facing possible imprisonment.

"Whatever they do to me, it will prove whatever I say in my book," he told reporters outside the court after the hearing.

"I'm not a wimp, I'm not a coward," Shadrake added. "I want to have my day in court... I'm not running away. If I run away, it means I'm guilty."

Shadrake's book features candid conversations with a retired hangman, Darshan Singh, who the author says executed some 1,000 local and foreign criminals in a career spanning nearly half a century.

Based in Malaysia and Britain, Shadrake is out on bail for the contempt charges, and is undergoing a separate investigation for criminal defamation.

Defamation carries a sentence of two years' imprisonment or a fine or both, while contempt of court is "punishable by imprisonment and/or a fine, with no limits on either," said a statement from the Attorney General's Chambers.

Amnesty International and other human rights groups have urged Singapore to abolish the death penalty.

Amnesty said that with a population of nearly five million, Singapore has one of the highest per capita execution rates in the world. It executed 420 people between 1991 and 2004.

However, Singapore officials maintain that capital punishment has deterred drug dealers from operating in the country and spared the lives of thousands of young people from drugs.

The death penalty is mandatory for anyone caught trafficking more than 15 grams of heroin, 30 grams of cocaine or 500 grams of cannabis.

Shadrake said his arrest had been counterproductive for the Singapore authorities.

"They've blown me up into a worldwide celebrity," he said, adding that his book was "selling like hot cakes" in neighbouring Malaysia.

Copyright © 2010 AFP. All rights reserved. More »

47 comments:

Anonymous said...

So My Dear Mr Lucky

Mr Shadrake is fighting.
Will you fight?
Or continue to sprout pointless intellectual musing and enjoy the the adoration of your clueless fans.

Like a mini-MM Lee?

And watch Singapore sink like the Titanic?

While groveling to PAP in your REAL life?

Qns:
Can you name me 42 opposition candidates who are better qualified than that "Slipper Man" (aka "The no hoper")?

Btw, he has a degree from NUS (from around your generation when it actually meant something - fairly intelligent), lives on landed property (at least middle class).

Anonymous said...

Special treatment for 'White Horses' is a reality of the SAF and the singapore government.

During my NS days, I was posted to a 'white horse' company. We enjoyed canteen breaks and our training was far less tough than our neighbouring companies.

It is common for the sons of high-ranking officials, civil servants and politicians to be posted to OCS. It is also common for the children of our top politicians and civil servants to be awarded prestigious government scholarships.

I work in the civil service, and I have seen civil servants who are relatives of powerful people rise through the ranks rapidly, while capable people can slog for decades and have virtually no chance of promotion beyond a certain level.

Seriously, it is time for change! Vote wisely!

Anonymous said...

Vote wisely! ????

Please lah, how to?

Elites and white horses (of course there are different grades lah) are the majority in Singapore, not counting those from foreigners fast tracked into new citizens.

As long as wise old man is still around to be respected (or feared) and with his wise mentoring, very difficult to "vote wisely" lah.

Unless the opposition can find their own "wise old man" to be respected, fear and united like the PAP. But look at what is happening to the opposition now. Already weak and yet still fighting and quarrelling among themselves even before their fight with PAP starts.


Where got hope? Unless there are 42 Lucky Tans to come forward lah to form a new party with our Lucky Tan as leader.

Anonymous said...

asia politics and angmo politics are different and people have to understand. angmo politics allows people criticizing the leaders but in asia, such behavior is prohibited. in a nutshell, asians have no freedom of speech.

Anonymous said...

rex comments as follows,
anon @09:50 said "Already weak and yet still fighting and quarrelling among themselves even before their fight with PAP starts."

With one notable exception, the party of CSJ appears to be completely free of the inter party bickerings. They appear to be cohesive, well organised lot, and their website seems to be very well updated with current happenings. I hope to read more opinions about the SDP and their fiery leader and his so-called confrontational approach.

rex

Anonymous said...

ano 31/7 08:49
are you a undercover from PAP? if so, please leave.

Anonymous said...

And me hopes Mr Lucky Tan will carry on writing Your Diary here for us to share and digress if need be.

Thank You Sir!

patriot

Anonymous said...

The gulf between the ruler and the ruled will get even wider as these sorts of mentality and mindset pervade and entrench in the papist system. They are just being ridiculous in their interpretations which defy commonsense. I now wonder whether these papist monsters have any common sense left.

sgcynic said...

So My Dear Anonymous 31/7/10 08:49

Will you stop spouting nonsense here

While groveling to PAP in your REAL life?

Qns:
Can you name me 42 opposition candidates who are better qualified than that "Slipper Man" (aka "The no hoper")?

No, but I can name one who is worse than him, just as soon as you let me know yours.

sgcynic said...

Oops,
I meant

No, but I can name one who is worse than him, just as soon as you let me know your name.

byebye to oldfart said...

Lucky,
Alan has outsmarted the MIW by sticking to his guns. He is absolutely right about the free publicity, elevating him to celebrity status. hehe

The western media especially BBC, are patiently standing by to give the MIW scumbags a taste of what it means to have a propaganda war.

Anonymous said...

To anon 31/7/10 08:49

You are, for all the names that i can stick to you ic:
1. a dog of the lky regime
2. a traitor to singapore and to the citizens of singapore
3. an ignorant fool (probably most aptly as LKY called singaporeans recently)

History has shown, time and again, e.g. Gandhi of India, Aquino of the philippines, mandela of south africa... people who tried to right what is wrong. We, like these great people, will win (as I can confidently forecast) this war against the lky regime.

Anonymous said...

I would like to see how Shadrake's case ends. This will bring world attention on the country, not just the death penalty, but how the super thin-skinned judicial system charges people for contempt of court simply based on their writings. LKY started this type of punitive lawsuits on foreign media and it has infected the judicial system with the mentality it can get away charging and suing citizens and non-citizens.
The recent lawsuits against Wall Street Journal must have struck a nerve (or maybe Rupert Murdoch pulled some strings after his WSJ editor was fined heavily by S'pore court for libeling LHL) and the US Congress has passed a law to protect Americans' right to free speech and publications, even in foreign countries.

Anonymous said...

Hi Lucky,

Thanks for making things easy to understand for me. I never see such analysis in the MSM.

Best Regards
KK

Anonymous said...

Contrary to anon 31/7/10 08:49, LUCKY your are already fighting. No need to show your hands. Your writings are another form of ring where the fight has taken place. Well done. Please continue to write and share your invaluable thoughts.

http://vonhayek.blogspot.com/ said...

Shadrake I salute you.

On a hypothesis scenario.

If our court degenerate into running prostitution, mass murder, rape, slavery ring--

Base on our law, one will still be charge if one criticize our court for running the above crime.

Lye Khuen Way said...

In my humble opnion, this is one BIG wrong move by the AGC and whoever initiated it.
Comtempt of court -ala Singapore style is going to put us in same room as the Thai's.
Wish I know how I can help Mr Alan, beside trying to get a copy of his "un-banned" book !
Any one care to advise ?

Anonymous said...

Let's assume our garbermen knows what they are in for - not as if they have not gone on similar path.
If so, why are they entering into this high profile battle?

So eat your words?

Anonymous said...

Lucky, you are getting shabby with your writing and thoughts.

Anonymous said...

Not only AGC, there are so many "mini LKY" in Singapore. Just look at the "civil-servants" such as the police force, car-park attendants, the MPs, ministers and employees from the Town Council, LTA, HDB etc. They all behave as if the have more "power" to step upon Singaporeans.

Congratuation LKY. You have done well in this aspects.

Anonymous said...

"NS. Cedric Foo who was Minister of State for Defence explained that 'white horses' did exist and these people were classified to ensure that they did not receive special treatment"

another Bullshit...hahaha what a Joke!
When I was instructor during my NS days in charge of "white horse" platoon during BMT...We were ordered...ORDERED...not to give these white horses recruits a hard time...In fact they get more canteen breaks than batches...and less "surprises" such as stand-by bed in the middle of night...
This Cedric chap must be from the same stable.

Anonymous said...

((((explained that 'white horses' did exist and these people were classified to ensure that they did not receive special treatment))))

only he believes his own explanation except maybe the whole of singaporean men who have undergone NS.

Anonymous said...

31/7/10 08:49
((((Can you name me 42 opposition candidates who are better qualified than that "Slipper Man" (aka "The no hoper")?))))

Can you name me 42 other ladies who are better (qualified) than your wife (aka ????)

Surely there are more than at least a few hundreds or even thousands, but just name me 42.

Anonymous said...

"Qns:
Can you name me 42 opposition candidates who are better qualified than that "Slipper Man" (aka "The no hoper")?", unquote.

It will be nice for You to volunteer as one of the 42, You sounded very intellectual. To give a good fight against bullies, You should be a good candidate. Or are You only good to fight the Lone Lucky Tan ?

Anonymous said...

((((You sounded very intellectual.)))

Common intelligence. A lot more and many people are better than me, not only 42.

So common to that it is so easy to take down some trashy logic of yours.

Anonymous said...

So, You could indeed name more than 42 yourself without having to ask Lucky Tan ? Or making fun out of him.

You are sick without fever.

Anonymous said...

Yes man.

Anon 31/7/10 08:49

'is sick without fever', and may I add nor he/she infected by germs or viruses, lol.

Anonymous said...

Great, the anon now has plenty of time to practise his commonsense and logic to tell himself what he is suffering from. Will he 'intellectually' concludes he is made by god be what he is and it cannot be helped ?

Anonymous said...

The Anon is having sakit jiwa in Malay, how can he knows anything.

Anonymous said...

Where is Anon 31/7/10 08:49 ?

Or

what happen to him ?

Anonymous said...

Hhm...anybody seen ST's published photo of Mr Shadrake?...world class photography - cannot match that of overseas with "V" sign

Anonymous said...

Wat anon ?

Lucky's stalker or suitor lah.

Hehe........

Alan Wong said...

I suppose our PAP Govt is in fact causing more damage to Singapore if they care to think about the consequences when they try to use their underhand tactics to screw foreign writers in the name of protecting the integrity of our judiciary.

As an example, just look at how FIFA screwed Singapore on the World Cup broadcasting rights. How certain are we that this is not a direct repercussion of what our PAP leaders has done ? At the end of the day, it is still Singaporeans who has to bear the consequences.

What is even more damning now is that another foreign writer from US has alleged that our Govt has direct business links with the drug barons from Myammar ?

It remains to be seen now whether our Singapore diplomatic ambassador will choose instead to remain silent on the issue and hope it will quietly go away.

Or if the integrity of our Singapore Govt is really of utmost importance, will our Govt dares to challege the US writer in an US open court to prove the allegations ? Any action less of a legal challenge will only lend to the credence that our Govt can only call their bluff in their own territory !

lim said...

"Cedric Foo who was Minister of State for Defence explained that 'white horses' did exist and these people were classified to ensure that they did not receive special treatment"..

People just need to ask this question.. If commanders did not know that there are the "white horses" in the platoon/company, then how can they be given special treatment? If these "white horses" are supposed to be treated equally as commoners, then there isn't really a need to classify them as such, isn't it? Wonder how many people buy that stupid excuse from cedric fool, ops, foo..

Anonymous said...

Anon 10:27. You write: "asia politics and angmo politics are different and people have to understand. angmo politics allows people criticizing the leaders but in asia, such behavior is prohibited. in a nutshell, asians have no freedom of speech."

You mean singaporeans have no freedom. Because last time I checked, in HK, in Taiwan, in Korea, in Japan you are free to criticise your leaders publicly without fear. Even China has more freedom than singapore. Please stop justifying apathy and fear....

specialist said...

@ lim,
you are spot on man!

on the other hand, i welcome listing the white horses in real combat...i can use these buggers as baits to draw the enemy.

Anonymous said...

I thought horses are for us to ride on?

Anonymous said...

@ Lim, you correctly call their bluff. If there is no White horse category, everybody would be treated equally.

Now the question is, what do we do?

I hope other sporeans are as smart as you Lim. But I am sad that many still believe that gst can help the poor or LKY will rise from the grave if spore is in trouble.

Cheers
Economist with a heart :)

Anonymous said...

"If you make me look bad, I'll make you look bad."

Simple enough?

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