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After the hanging…. some reflection….

Published

18 years ago

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By zyberzitizen

The hanging of Nigerian Iwuchukwu Amara Tochi has, no doubt, thrown up many issues which we should be looking at. This article is not about the merits or demerits of Tochi’s hanging. Sadly, his hanging is already done and there is nothing we can do about it.

However, his death brings up many issues which I will address briefly here. Among them are:

1. Bloggers, and by extension perhaps singaporeans as a whole, do care. The debate on the blogosphere and forums has shown that Singaporeans (and bloggers, in particular) do care about non-bread and butter issues.

2. The mainstream media’s silence on the subject. Despite the active debate on the internet, our mainstream media seems to have ignored it. One can only wonder why they dedicated much publicity to the Wee Shu Min saga but not this one.

3. The lack of information on the subject. As have been pointed out by pro-death for Tochi posters, there is a lack of understanding of certain legal principles and terms by anti-death for Tochi posters. (This includes me).

As I have stated before, I am against the death penalty for drug trafficking. My reasons are:

1. The current system is too flawed to justify taking a man’s (or a woman’s) life. For example, early and immediate access to lawyers for the accused at the point of detention is left to the prosecutors or the police and not firmly and unequivocally stated down in law.

2. Mistakes in judgement can never be adequately reversed.

3. Deterrence, which is cited as the main (or one of the main) reasons for implementing the death sentence, is not and has not been conclusively proved to be effective or that the death penalty is mainly responsible for the relatively low number of cases of trafficking in Singapore. Indeed, if the death penalty deters would-be traffickers from trafficking, perhaps we should also introduce the death penalty for cigarette smugglers (which according to yesterday’s news report has jumped some 46% in 2006), alcohol abusers who drink and drive, child molesters, and so on – crimes which we would want to eradicate from our society.

4. Many countries in the world, including ‘first-world’ countries which Singapore claims to be, have abolished the death penalty.

5. There is no concrete, detailed and exhaustive independent study on Singapore’s implementation and results of the death penalty for drug trafficking.

6. The swiftness of the execution of the death sentence in Singapore, ie the actual hanging itself, leaves no room or time enough for potential new evidence to be presented, especially with regards to the area of new technology in the sciences. (There have been cases in the US where new evidence were presented after many years which resulted in innocent convicts being freed.)

7. The argument that tax payers should not be footing the bill for convicted traffickers to stay in prison for life is, in my opinion, a flawed one based on nothing but a cold-hearted economical justification devoid of any humane consideration. While I do agree that the victims of drug consumption pays a heavy price, one must also not forget that those who take drugs do so by their own choice – just as those who traffick drugs do so by their own choice, ultimately. The state must rise above these vengeful inclinations and adopt more humane treatment – especially on those the state considers most heinous.

8. The possibility of rehabilitation is not explored fully with regards to small-time ‘runners’ or ‘mules’ .

9. There is no explicit initiatives, as far as I am aware, among ASEAN nations (which includes S’pore) to eradicate the production and source of most drugs in the region – especially from Burma (or Myanmar).

So far, what I have read by pro-death penalty advocates are blurry suggestions that the death penalty does work. There is no substantial evidence put forth to prop up their case.

While it is true that there can never be a perfect legal system, it does not mean that we do not try and make it as perfect as we can.

International standards

For a country which frequently pegs and benchmarks itself to international standards in anything from education to business, from sports to the arts, perhaps it is time Singapore looked into this issue and see if it can subscribe to international consensus on the death penalty as well.

Personally, the main (but not ‘the only’) objection I have is one of justification. That while we hang the small-time runners, we have not done enough as a member of ASEAN to effect the eradication of the source of drugs from Burma.

I stand corrected but Singapore is the biggest investor in Burma – according to this report.

So, while we hang the runners, we are doing business with the military junta in Burma which is closely-linked to the drug producers?

Perhaps this is the biggest irony.

That while we declare a “War On Drugs”, we continue to do business with a regime which is well-known for being closely-linked to the drug lords.

“With US$1.57 billion for 72 projects, Singapore tops the list of the 25 foreign investor countries in Myanmar. According to official data from Myanmar, Singapore is the largest exporter to Myanmar, and its second-largest trading partner after Thailand.”

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Current Affairs

TJC issued 3rd POFMA order under Minister K Shanmugam for alleged falsehoods

The Transformative Justice Collective (TJC) was issued its third POFMA correction order on 5 October 2024 under the direction of Minister K Shanmugam for alleged falsehoods about death penalty processes. TJC has rejected the government’s claims, describing POFMA as a tool to suppress dissent.

Published

2 days ago

on

6 October 2024

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The Transformative Justice Collective (TJC), an advocacy group opposed to the death penalty, was issued its third Protection from Online Falsehoods and Manipulation Act (POFMA) correction direction on 5 October 2024.

The correction was ordered by Minister for Home Affairs and Law, K Shanmugam, following TJC’s publication of what the Ministry of Home Affairs (MHA) alleges to be false information regarding Singapore’s death row procedures and the prosecution of drug trafficking cases.

These statements were made on TJC’s website and across its social media platforms, including Facebook, Instagram, TikTok, and X (formerly Twitter).

In addition to TJC, civil activist Kokila Annamalai was also issued a correction direction by the minister over posts she made on Facebook and X between 4 and 5 October 2024.

According to MHA, these posts echoed similar views on the death penalty and the legal procedures for drug-related offences, and contained statements that the ministry claims are false concerning the treatment of death row prisoners and the state’s legal responsibilities in drug trafficking cases.

MHA stated that the posts suggested the government schedules and stays executions arbitrarily, without due regard to legal processes, and that the state does not bear the burden of proving drug trafficking charges.

However, these alleged falsehoods are contested by MHA, which maintains that the government strictly follows legal procedures, scheduling executions only after all legal avenues have been exhausted, and that the state always carries the burden of proof in such cases.

In its official release, MHA emphasised, “The prosecution always bears the legal burden of proving its case beyond a reasonable doubt, and this applies to all criminal offences, including drug trafficking.”

It also pointed to an article on the government fact-checking site Factually to provide further clarification on the issues raised.

As a result of these allegations, both TJC and Annamalai are now required to post correction notices. TJC must display these corrections on its website and social media platforms, while Annamalai is required to carry similar notices on her Facebook and X posts.

TikTok has also been issued a targeted correction direction, requiring the platform to communicate the correction to all Singapore-based users who viewed the related TJC post.

In a statement following the issuance of the correction direction, TJC strongly rejected the government’s claims. The group criticised the POFMA law, calling it a “political weapon used to crush dissent,” and argued that the order was more about the exercise of state power than the pursuit of truth. “We have put up the Correction Directions not because we accept any of what the government asserts, but because of the grossly unjust terms of the POFMA law,” TJC stated.

TJC further argued that the government’s control over Singapore’s media landscape enables it to push pro-death penalty views without opposition. The group also stated that it would not engage in prolonged legal battles over the POFMA correction orders, opting to focus on its abolitionist work instead.

This marks the third time TJC has been subject to a POFMA correction direction in recent months.

The group was previously issued two orders in August 2024 for making similar statements concerning death row prisoners.

In its latest statement, MHA noted that despite being corrected previously, TJC had repeated what the ministry views as falsehoods.

MHA also criticised TJC for presenting the perspective of a convicted drug trafficker without acknowledging the harm caused to victims of drug abuse.

Annamalai, a prominent civil rights activist, is also known for her involvement in various social justice campaigns. She was charged in June 2024 for her participation in a pro-Palestinian procession near the Istana. Her posts, now subject to correction, contained information similar to those presented by TJC regarding death penalty procedures and drug-related cases.

POFMA, which was introduced in 2019, allows the government to issue correction directions when it deems falsehoods are being spread online.

Critics of the law argue that it can be used to suppress dissent, while the government asserts that it is a necessary tool for combating misinformation. The law has been frequently invoked against opposition politicians and activists.

As of October 2024, Minister K Shanmugam has issued 17 POFMA directions, more than any other minister. Shanmugam, who was instrumental in introducing POFMA, is followed by National Development Minister Desmond Lee, who has issued 10 POFMA directions.

Major media outlets, including The Straits Times, Channel News Asia, and Mothership, have covered the POFMA directions. However, as of the time of writing, none have included TJC’s response rejecting the government’s allegations.

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Current Affairs

Hotel Properties Limited suspends trading ahead of Ong Beng Seng’s court hearing

Hotel Properties Limited (HPL), co-founded by Mr Ong Beng Seng, has halted trading ahead of his court appearance today (4 October). The announcement was made by HPL’s company secretary at about 7.45am, citing a pending release of an announcement. Mr Ong faces one charge of abetting a public servant in obtaining gifts and another charge of obstruction of justice. He is due in court at 2.30pm.

Published

4 days ago

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4 October 2024

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SINGAPORE: Hotel Properties Limited (HPL), the property and hotel developer co-founded by Mr Ong Beng Seng, has requested a trading halt ahead of the Singapore tycoon’s scheduled court appearance today (4 October) afternoon.

This announcement was made by HPL’s company secretary at approximately 7.45am, stating that the halt was due to a pending release of an announcement.

Mr Ong, who serves as HPL’s managing director and controlling shareholder, faces one charge under Section 165, accused of abetting a public servant in obtaining gifts, as well as one charge of obstruction of justice.

He is set to appear in court at 2.30pm on 4 October.

Ong’s charges stem from his involvement in a high-profile corruption case linked to former Singaporean transport minister S Iswaran.

The 80-year-old businessman was named in Iswaran’s initial graft charges earlier this year.

These charges alleged that Iswaran had corruptly received valuable gifts from Ong, including tickets to the 2022 Singapore Formula 1 Grand Prix, flights, and a hotel stay in Doha.

These gifts were allegedly provided to advance Ong’s business interests, particularly in securing contracts with the Singapore Tourism Board for the Singapore GP and the ABBA Voyage virtual concert.

Although Iswaran no longer faces the original corruption charges, the prosecution amended them to lesser charges under Section 165.

Iswaran pleaded guilty on 24 September, 2024, to four counts under this section, which covered over S$400,000 worth of gifts, including flight tickets, sports event access, and luxury items like whisky and wines.

Additionally, he faced one count of obstructing justice for repaying Ong for a Doha-Singapore flight shortly before the Corrupt Practices Investigation Bureau (CPIB) became involved.

On 3 October, Iswaran was sentenced to one year in jail by presiding judge Justice Vincent Hoong.

The prosecution had sought a sentence of six to seven months for all charges, while the defence had asked for a significantly reduced sentence of no more than eight weeks.

Ong, a Malaysian national based in Singapore, was arrested by CPIB in July 2023 and released on bail shortly thereafter. Although no charges were initially filed against him, Ong’s involvement in the case intensified following Iswaran’s guilty plea.

The Attorney-General’s Chambers (AGC) had earlier indicated that it would soon make a decision regarding Ong’s legal standing, which has now led to the current charges.

According to the statement of facts read during Iswaran’s conviction, Ong’s case came to light as part of a broader investigation into his associates, which revealed Iswaran’s use of Ong’s private jet for a flight from Singapore to Doha in December 2022.

CPIB investigators uncovered the flight manifest and seized the document.

Upon learning that the flight records had been obtained, Ong contacted Iswaran, advising him to arrange for Singapore GP to bill him for the flight.

Iswaran subsequently paid Singapore GP S$5,700 for the Doha-Singapore business class flight in May 2023, forming the basis of his obstruction of justice charge.

Mr Ong is recognised as the figure who brought Formula One to Singapore in 2008, marking the first night race in the sport’s history.

He holds the rights to the Singapore Grand Prix. Iswaran was the chairman of the F1 steering committee and acted as the chief negotiator with Singapore GP on business matters concerning the race.

 

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