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Saturday, November 05, 2005

SG is sinking - We need a Justice Bao

If you are wondering who is Justice Bao, (named Bao Zheng 包拯, or also known as
Bao Qing Tian 包青天 or Bao Gong 包公), he was a government official in ancient
China during the Song Dynasty. He was an Imperial Scholar of humble beginnings
by the age of 29, and was well-known for his superior wit, fearlessness, righteousness
and sense of justice. His determination to mete out justice without fear and favour,
and insistence of punishment to anyone found guilty of wrong-doings, including close
relations to the Emperor, won the hearts of ancient Chinese. It was historically recorded
that in the 30 odd years he took office, many, many government high officials, ministers
and royals were dealt with because of corruption, bribery, dereliction of duty etc etc.
You can read more about him here.

IF J.C. were to be replaced by Justice Bao, I would convert to Xtianity straightaway,
in the hope that Justice Bao would be resurrected one day! (er.. that was what the holy
book promised right?) But then again, I don't think a lot of peasants in SG would live to
see that day... Enough of grumbles, time for some action!

For a country that prides itself on its judiciary system, a lot of cases in recent years
had raised a lot of eyebrows. Or rather, I should say, raised a lot of peasants' eyebrows.
I will not start to quote all such cases, because then, I would be able to fill a book. So,
I will just list a few questionable cases to let you draw your own conclusions.


Case Study 1:

Accused - Dinesh Singh Bhatia, 35, the son of a former judge (Amarjeet Singh)
and former Nominated Member of Parliament (Kanwaljit Soin).

His defence lawyer was Senior Counsel K Shanmugam,
a Minister of Parliament and a member of SG's ruling party.

Arrested in a high profile drug swoop in October 2004 and was charged with possession
and consumption of cocaine.
(Alternate news Source: Daily Excelsior)

* Tough drug laws enacted in 1975 made the death sentence mandatory for possession/
trafficking of more than 15 grams of heroin, 30 grams of cocaine or 500 grams of cannabis,
200g of cannabis resin, 1.2kg of opium, 30g of morphine. Those convicted of unauthorised
drug consumption face maximum imprisonment of 10 years, fine of S$20,000 or both. *


Pleaded Guilty.
(Source: CNA 19 Jan 05)

Sentence - ONE year jail-term with effect from 7 Feb 2005.
(Source: TODAYonline 2 Feb 05 - Ansley Ng ansley@newstoday.com.sg)

Sentence on appeal - The mandatory one year jail-term was reduced to 8 months.
(Source: Straits Times 7 Apr 05)

** Ever since the Misuse of Drugs Act was changed since 1998, every drug addict, be it
first-time or repeated offender were sentenced to AT LEAST 1 year jailterm, but this bugger
actually had his sentence REDUCED TO A BLOODY HELL 8 months ONLY!... nevermind...


But what happened next is :

I quote:

Source: Thursday July 7, 7:51 AM SINGAPORE (Reuters)
- The following are stories from Singapore newspapers on Thursday.


THE STRAITS TIMES - Dinesh Singh Bhatia, 35, who was sentenced to eight
months in jail for cocaine consumption after his arrest in a high-society drug raid
last October, is out of prison and is serving out his sentence at home, wearing
an electronic tag he cannot remove."


AND THEN!!...

We suddenly read about him again:

I quote:

(Source: http://motoring.asiaone.com.sg/articles/N_koenigsegg_20051019_001.html)

Singaporean Dinesh Bhatia is back in business - this time as the man selling the world's
fastest car in Asia.

"IT IS the world's fastest car and a Singaporean has won the right to sell it in Asia.
He is former technopreneur Dinesh Bhatia, who recently completed a six-month jail
term for cocaine use
.


He put in a proposal to the Swedish office to establish Koenigsegg Asia Pacific, which
would enjoy exclusive rights to distribute the car in Asia.

Mr Bhatia, son of former judicial commissioner Amarjeet Singh and former Nominated
MP Kanwaljit Soin
, told The Sunday Times that he had always loved cars, but this
opportunity came quite by chance.

He said: 'A university friend working in the Taiwanese trade mission introduced me
to Koenigsegg as the company was looking for representatives in Asia at that time.'

The company has done well. At the Shanghai Motor Show in April,it sold three cars -
one short of the target for the year.

There is certainly much to admire about the Koenigsegg, a demonstration model of
which has been in Singapore for the last 10 days.

Last week, it was showcased to some 50 high-profile car lovers at a small launch party,
hosted by Mr Bhatia, at the residence of businessman Ivan Chin off Stevens Road........."



WHAT HAVE WE MISSED???

Now, before you think I am making a mountain out of molehill,
lets look at some other drug cases in SG to see the inconsistencies.....



Year 1999 (Source: Couple jailed for overseas joint. Tuesday, November 16, 1999,
BBC News or
from South China Morning Post)

Accused : Male / 28 years old, Female / 22 years old

Facts of case : The pair who had been living in Perth,Australia for over 3 years,
tested positive for faint traces of the drug (Cannabis) when they returned from
studying in Australia - some three weeks later.... to visit their families in late June...
They had smoked Cannabis at an end of term party in the western Australian city
of Perth.... returned to Singapore to see their parents and failed a random drugs
test as they attempted to enter the country - and were promptly arrested.

Sentence : 12 months imprisonment.

Said Remedios F G, District Judge: "All Singaporeans must be aware that consumption
of drugs is dealt with very strictly here."

* Note: Cannabis is a Class A Controlled drug.
(Source: Misuse of Drug Acts, Chapter 185, First Schedule,
Singapore Statutes Online)

-------

Year 2002 (Source: MA No 13 of 2002; DAC 49293/2001)

Accused : Female / 22 years old

Facts of case : Acting on information received a party of CNB officers raided the
accused's flat at Hougang. The accused was arrested for possession of a
controlled drug after the CNB officers recovered a tablet that was believed to be
a controlled drug from her organiser. The tablet was sent for analysis
and was found to contain nimetazepam, a Class C Controlled Drug.

Sentence : 9 months imprisonment.

Reason given by judge (Remedios F G, District Judge): "Whilst the explanation in
respect of her possession of the drug was not convincing (She was given and accepted
the drug because it would help her with her sleeping problem. It would appear that
she really did not need it because she kept it and forgot all about it until it was found
by the CNB officers) I was prepared to accept that she was not an addict and had not
experimented with drugs before
. This however was not a licence for her to possess a
controlled drug.... the government has been waging a relentless war on drugs and the
courts must do its part to ensure that the efforts of the government are not derailed.
The strict sentences imposed for drug offenders are well known and there was nothing
to indicate that the accused was not aware of the consequences of her actions when she
decided to accept the drug from her acquaintance..... I was of the view that a sentence of
9 months imprisonment would be appropriate and the sentence was accordingly imposed."

* Note: 'Nimetazepam' is a Class C Controlled drug.
(Source: Misuse of Drug Acts, Chapter 185, First Schedule,
Singapore Statutes Online)

--------

Year 2002 (Source: Citation: MA No 221 of 2002/01; DAC No 21014 of 2002)

Accused : Female / 17 years old

Facts of case : On 21 March 2002, at about 1819 hrs, the accused was placed under
arrest at the Singapore Immigration Arrival Bus Hall at Woodlands Checkpoint for
suspicion of having consumed a controlled drug. She was subjected to an instant urine
test, and her urine specimen was tested positive for amphetamine. Upon questioning,
she admitted to have consumed "Ecstasy" at a Johore Bahru Discotheque.

Sentence : 12 months imprisonment.

Reason given by judge (Tan Puay Boon, District Judge): "... the trend of cases for young offenders
since then suggests that sentencing policy now in relation to drug charges leans
heavily towards deterrence, and rehabilitation is given little weight..... The accused was
no different from other young offenders who were caught experimenting with controlled
drugs, although she appeared to be more gullible than some of them. In the result, I
decided against calling for a pre-sentence report to assess her suitability for probation.
Instead, I sentenced her to the usual 12 months of imprisonment for cases of this nature.

* Note: 'Ecstasy' and Cocaine are Class A Controlled drugs.
(Source: Misuse of Drug Acts, Chapter 185, First Schedule,
Singapore Statutes Online)

-----------


At the end of this piece of shit, I would like to quote Bhatia who commented about
the infamous Michael Fay (American) vandalism case.
(Source: World Coporal Punishment Research, News-India Times, 13 May 1994)

Dinesh Bhatia, 24, a Washington University graduate student and a pop musician in
Singapore said that, "you get used to it because it's just a way of life." Incidentally
Bhatia is one of the insiders in the Fay case. His parents' Mercedes was the one
vandalized in what local authorities claim was identified as one of Fay's sprees....

.... Responding to a question, he told Peter Jennings of ABC World News,
"You know, once you loosen up or the laws become lax, everything comes in. The
floodgates are opened. It doesn't pay to mess around with the system."


"The government has created a system that encourages and rewards
discipline. Any relaxation may mean lower growth or tensions within the
community between the different races."


He has been very adamant throughout this controversy. Defending his country against
the criticism that people are afraid to speak out in public, Singh called it hogwash, saying
the population in Singapore is an educated one and they make their own choices. He has
been quoted as saying in the media that, "Ask them if democracy looms large in their
eyes. Their main preoccupation today is how do I get a better job and what stocks should
I invest in."

... "I have two kids, and I don't have to worry about their safety, I don't have to
worry about them being exposed to drugs or alcohol. For me it is very important."


SO! What has gone wrong? You decide!

I will quote more cases once i've found relevant and verified sources... just you wait!
(I have got to do proper 'research' so as not to burn my buttocks). I underestimated the
work needed to seek out reliable sources as most cases were of eons ago, and most
news-sites had taken such news off their sites... still, i think it would be worth it.










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