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疏忽驾驶酿死伤意外 德士司机被判入狱八周

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去年在前往新加坡国立大学的金文泰十字路口右转,酿一死三伤意外的德士司机叶国华,今天(8月2日)被判监禁八星期,且吊销驾照五年。

55岁的叶国华承认疏忽驾驶行为造成他人死亡的指控,以及对三名幸存者造成严重伤害的指控。

意外发生在2018年4月19日晚上,家英联邦大道西部和金文泰路交界处。

当时被告在红绿灯右转箭头未亮灯前擅自右转,与迎面而来的汽车相撞。当时迎面而来的驾驶者为21岁的Ng Li Ning,车速为每小时92-97公立之间,无法及时避开被告的车辆。

两车相撞导致国大生,19岁的王楷婷(Kathy Ong)部分身体被抛出车窗外,后来因为多处受伤而在就医时不治身亡。

其他三名乘客受伤,身体多处裂痕、脊柱骨折以及创伤性脑损伤。

指被告意识到风险仍右转

辩方当时指是对面车子的司机一直在超速驾驶,但是首席地方法官Victor Yeo驳回有关观点,并指另一名司机的行为并非此案的缓解因素。

“很明显的,在这种情况下,当在交叉路口右转时,被告有责任让路给迎面而来车辆,且他也不应该在现况并不安全时,做出右转的动作。”

他表示,并不认为叶国华的罪责能被减轻,因为他的疏忽行为导致一名乘客失去性命,而另外三名乘客受伤。

法官表示他已经研究了闭路电视摄像记录以及事实陈述,很明显的,被告可以看到另一名司机当时正在高速接近。

他补充说,被告一定是已意识到“当时加速德士右转是不安全的”。

“就算前方有车子或其他两辆电单车,也设法在没有意外发生下进出路口。”

法官:非特殊案例

他指出,在这种程度上,他无法同意此案对被告而言属误判,或属于一个特别案例。

法官补充道,他也无法忽视被告之前的违法驾驶行为,包括有三次闯红灯和两次超速记录,并认为“和此案有关”。

检方要求至少给予八个星期的监禁判决,并称这是一个严重且导致可怕后果的案件。

叶国华的辩护律师,即来自赢必胜法律事务所(Invictus Law Corporation)的陈俊良和Cory Wong,向法庭要求将刑法减到最多六个星期监禁,并表示被告已经认罪,而对方司机一直超速驾驶。

对方司机Ng Li Ning的案件正处于预审阶段。他在今年2月被指控危险驾驶,并且已超过70公里的限速,以92kmh的时速驾驶,并与叶国华的德士相撞。

法官促驾驶者保障道路安全

法官指出,监察机关引用《交警道路安全建议书》指出,2018年1月1日至同年4月25日期间,在交通灯信号指示右转弯处发生了36起致命事故。

共有38人死于意外中,比2017年同时期增加了四倍。

“交通路口的意外事故仍然是一个严重问题,交警强调,驾驶者在接近交通路口时要格外小心,并且放慢速度,这是很重要的。”

“就算发出右转的信号灯了,驾驶者也必须确保安全后,才可以右转。”

聆审后,王楷婷的家属拒绝发表评论,并表示“他们需要一些时间”。

由于构成疏忽行为造成他人死亡罪,叶国华也可能被判长达两年的监刑,并且被罚款。而他的疏忽行为导致他人受严重伤害的指控,也可能导致他被判入狱两年和罚款5000元。

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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.

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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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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.

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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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