Singapore’s highest court yesterday expressed concern that the number of applications asking it to revisit “final” decisions has “increased dramatically in recent years”.

The Court of Appeal suggested Parliament consider enacting provisions that would weed out applications without merit at an early stage, so that only cases with a legitimate basis for review are allowed to proceed.

The apex court made these remarks in a written judgment dismissing the bid of Jabing Kho to reopen his conviction and have his death sentence for murder quashed.

Last year, 11 criminal motions were filed with the apex court to reopen criminal cases that had already exhausted the appeal process, including Kho’s.

The applications include a drug trafficker who tried to rely on a statement by an accomplice to show that he was being framed, and a heroin trafficker making a second bid to have his conviction quashed by arguing that his judgment was impaired due to certain disorders.

Apart from Kho’s bid, of the other 10 motions, eight were dismissed for being wholly without merit, one was withdrawn and one has yet to be heard.

“We do not think that this state of affairs is desirable for two reasons,” said Judge of Appeal Chao Hick Tin, who delivered the judgment.

Finality is an integral part of justice as it would be impossible for the legal system to function if decisions were “subject to constant and unceasing challenge”, he said.

Also, unmeritorious applications to revisit concluded cases take up scarce judicial resources, which could go towards hearing cases that were coming up on appeal for the first time.

“At the end of the day, we are still a one-appeal jurisdiction.”

The court said that its power to reopen a concluded criminal appeal is to be exercised sparingly and only in exceptional circumstances.

Applicants seeking such a review must first produce new and compelling material that can show almost conclusively that there has been a miscarriage of justice.

They also have to show that the court’s decision is “demonstrably wrong” or that it has been tainted by fraud or a breach of natural justice.

The court observed that in the United Kingdom and Hong Kong, rules have been enacted in which a party must get leave, or permission, from the court before they can apply to reopen a case that has exhausted the appeal process.

“The introduction of a leave stage for applications to reopen concluded criminal appeals would better balance the rights and interests of all persons who make use of scarce judicial resources.”

This article was first published on April 6, 2016.
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Singapore – Member of Parliament Christopher de Souza reiterated his call for the government to take a gradual approach in easing property cooling measures.

Speaking in Parliament on the second day of the Budget debate on Tuesday, he said that a review of the measures is needed, as the property market is now lacklustre.

“As such, would the government consider the gradual and calibrated approach of removing ABSD (additional buyer’s stamp duty) for Singaporean buyers, while still retaining the TDSR (Total Debt Servicing Ratio) for Singaporeans and the ABSDs for foreigners?” he asked.

The government introduced the two measures previously in a bid to stabilise the property market.

The ABSD, first introduced in 2011, requires buyers to pay an additional stamp duty equal to a certain percentage of the property value.

The TDSR, on the other hand, limits the amount that financial institutions can lend to a potential buyer based on his monthly income. It was introduced in 2013 and is aimed at curbing speculation.

The measures have weakened private industrial and residential building activity, causing growth in the construction sector to moderate to 2.5 per cent last year, from 3.5 per cent in 2014.

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The Straits Times

This led the Ministry of Trade and Industry to flag that poor private-sector construction demand, among other factors, would probably retard the economy in 2016.

Yet, the Monetary Authority of Singapore seems quite certain that any impact of a property slowdown on the economy will be contained.

Finance Minister Heng Swee Keat had stated in his March 24 Budget speech that “based on the price level and current market conditions, our assessment is that it is premature to relax these measures.” In his speech on Tuesday, Mr de Souza noted the slowdown, and also his understanding that any lifting of the measures should be done gradually.

Thus, he is advocating to keep the TDSR so as to ensure that any potential buyer can only afford what is within his means.

“This should allay any concerns that easing the property cooling measures will cause a surge in Singaporeans purchasing second properties when they may not be able to,” said Mr de Souza.

But the ABSD should be removed for Singaporeans, as having it in place would dampen property-buying aspirations, he explained.

The ABSD should still remain for foreigners so as to curb speculation in the local market.

He also called on the government to study the Australian approach to cooling the market. This approach allows all foreign buyers to buy only new property, and they are able to sell that property only to domestic buyers.

This article was first published on April 6, 2016.
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A man was arrested in Malaysia in connection with the death of a 28-year-old woman in Singapore last month.

The Royal Malaysia Police made the arrest on April 4 and subsequently handed the 47-year-old suspect over to Singapore Police Force, the police said in a statement on Wednesday (April 6).

The deceased’s body was found inside a locked rental room of a HDB unit at Blk 70, Circuit Road on March 22.

Chinese evening daily Lianhe Wanbao reported that the landlord made the grisly discovery when he checked on the vacated room of his male tenant, after he was informed that he would be away in Malaysia for a work trip.

According to Wanbao, other tenants identified the deceased as the male tenant’s girlfriend who would visit and stay over at the flat occasionally.

If convicted of murder, the suspect faces the death penalty.

Click on thumbnail to view photos. Source: 

Shin Min Daily News, Lianhe Wanbao, Stomp

Deputy Commissioner of Police (Investigations & Intelligence) concurrent Director of the Criminal Investigation Department, Tan Chye Hee, said: “Once again, I would like to convey my appreciation to the RMP for their strong and unequivocal support for this case that resulted in the arrest of the murder suspect in Malaysia.”

He added: “The Singapore Police Force will continue to work with our foreign law enforcement partners, and ensure that criminals who commit crimes in Singapore and flee our borders thereafter will be brought back to justice.”

minlee@sph.com.sg

A Korean man is suing the American Club after his seven-year-old daughter’s forearm was hurt badly by a fruit extraction machine during a cooking class.

The man, who is not named as the child is a minor, is seeking damages in the High Court. He alleges negligence on the club’s part in not providing reasonable supervision of his daughter and other children during the class in June last year.

The High Court suit came after the club failed to compensate him, following a letter of demand addressed to the club in January . Judgment in default was entered by the High Court Registrar against the club in February, after it failed to make an appearance or give notice of its defence .

The case is now moving towards assessment of how much the club should pay in damages. Damages in suits filed in the High Court are intended to start at $250,000.

A High Court pre-trial conference was held yesterday in the run-up to an eventual court hearing to assess the sum payable. This involves the setting of deadlines for the exchange of documents and details between the parties to support, or mitigate, the claims involved.

The club’s general manager, Mr Martin Rudden, said in an e-mail response to The Straits Times that the club’s insurers, AXA, “have conduct of the matter”.

He added: “The insurers have appointed the firm Wong Thomas & Leong as their lawyers. As legal proceedings are ongoing, the club has been advised not to comment on the case at this stage.”

The girl suffered the injury during the class on the club premises in Claymore Hill. Her parents had enrolled her for a five-day summer camp for children and the class was part of the camp.

During the session, court papers say, she and other young children were allowed to use a heavy-duty, commercial-grade fruit extraction machine on their own without adult supervision. The machine had a spinning part with exposed sharp edges that were meant to extract juice. Someone allegedly activated the machine while the girl’s forearm was in contact with the sharp edges, which gouged into her skin.

The result was a raw wound of about 3cm by 4cm. Her father was notified; he went to the premises and found her sitting with her wound allegedly unattended. He claimed the club’s staff were negligent in not having provided adequate first aid and in leaving her improperly treated, instead of arranging for her to be taken to a medical centre or hospital immediately.

He took her to a nearby clinic and, shortly thereafter, to Mount Elizabeth Hospital, where she underwent an emergency operation. The detached skin could not be re-attached and a skin graft was done.

The girl continued with follow-up treatment to manage the scars on both the wound and the donor site from which the skin was obtained. Part of her treatment was done in South Korea.

She now has to undergo regular review, treatment and management for her scars, which would include injections, laser treatment and surgical revisions.

Her lawyer, Mr Edmund Kronenburg, said in court papers filed that a greater level of scar management is likely to be needed, given that she is very young and would suffer contracture around the scars as her body scale grows. She is also said to have suffered psychologically and emotionally following the injury .

The sums being sought are expected to compensate for the pain and suffering, in addition to current and future medical treatment costs.

A claim for special damages amounting to $203,000 detailing treatment costs incurred and future estimated medical costs were attached in court papers.

vijayan@sph.com.sg

This article was first published on April 6, 2016.
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SINGAPORE – The elderly in Singapore are spending more on groceries – growing at 18 per cent each year – while the younger generation are spending less, according to a report by market research firm Nielsen released on Tuesday (April 5).

While the government has made strides in recent years to help the elderly through handouts such as the Pioneer Generation package, the private sector in Singapore is still playing catch-up – despite their growing demographic and purchasing power.

Many retail stores lack benches for the elderly to rest, while there are hardly any dedicated aisles for our pioneers.

These are some of the common gripes by 300 Singaporeans aged 55 years and older, who were surveyed in a Sept 2015 poll by Nielsen.

“You can’t expect me to walk continuously for 15 minutes without having to rest,” said Mdm Avtar Kaur, 74.

The retiree suggested that retail shops have narrow benches for the elderly to rest.

“Sometimes, there are long lines at the supermarkets. They should all have dedicated queues for senior citizens, especially when they are carrying baskets,” Mdm Kaur added.

Other common complaints by the elderly include a lack of wheelchair-friendly facilities, unclear product packaging and labelling.

“The silver generation faces a number of challenges when navigating the retail landscape in search for products and services that meet their specific needs,” said Joan Koh, managing director, Nielsen Singapore and Malaysia.

In the land of the rising sun, the aging population can be a double-edged sword, and a useful case study for Singapore retailers.

While the Japanese government grapples with declining fertility rates, retails shops have been capitalising on the world’s oldest population to make the shopping experience more elderly-friendly.

Over at the Aeon Mall Funabashi in Chiba Prefecture, the shopping mall has been making active attempts to target the elderly with silver-friendly shopping, medical facilities, leisure activities, and a trial, round-trip free bus service, The Japan Times reported.

Marketing of health and beauty products, which have traditionally targeted younger audiences, have been tweaked to feature mature models.

Nostalgic packaging and the idea of “embracing aging” rather than “chasing youth” are some of the other attempts by Japan’s retailers to capture their affluent silver generation.

According to Singapore’s population white paper, one in four Singaporeans will be over 65-years-old by 2030.

Besides clear labelling and packaging on products, some wishlist items by the elderly polled include products targeting their special dietary needs, chairs to rest and wheelchair-friendly facilities, and free online deliveries.

“No matter what kind of glasses you wear, some of the letterings on the product labels can be hard to read. Besides providing magnifying glasses, it will be good to have broader, bolder, and dark-coloured fonts for the elderly to read,” said Mdm Kaur.

Recognising the growing segment of seniors in Singapore, NTUC FairPrice has started piloting stores in the Bukit Merah and Lengkok Bahru areas that are catered towards elderly or disabled customers.

“Some of the features found in the stores include wider checkout lanes, larger signages and clearer price tags, rest areas with benches and water coolers, and call buttons and magnifying glasses around the stores,” Mr Gerry Lee, deputy CEO, Singapore (Operations), NTUC FairPrice told AsiaOne.

“Additionally, we offer a 2 per cent seniors discount on Tuesdays for those 60 years of age or older, and a 3 per cent Pioneer Generation discount on Monday.”

40 per cent of the elderly polled by Nielsen also wanted more attentive staff. To that end, NTUC has sent 100 of its frontline staff for specialised training on how to serve seniors.

“In the next two years, we plan to send a total of 500 staff for training. Moving forward, we will continue to look for ways to better serve the needs of the elderly and smaller families in Singapore,” added Mr Lee.

“We are targeting to have five more stores installed with senior-friendly features by end of this year.”

With a sizable aging population over the horizon, there may be a silver lining in the greying economy.

grongloh@sph.com.sg

He told a friend in October 2012 that he was earning about $4,000 to $5,000 a month from a website he started called The Real Singapore (TRS).

When the friend, Mr K. Sudesh Durai, said it was a decent income, Yang Kaiheng said he wanted to earn more.

“Yah I wan (sic) earn more I wan buy car, bungalow… where got enuff (sic),” Yang said on Facebook’s messaging system.

This message log between Yang and Mr Durai, a mechanical engineering undergraduate in his 20s, was presented in court yesterday.

Yang and his wife, Ai Takagi, were charged last April with doctoring and posting seven seditious articles on socio-political website TRS and its Facebook page. (See report above.)

Deputy Public Prosecutor G. Kannan said the couple exploited racist and xenophobic fault lines through their seditious articles, some of which were allegedly fabricated, to drive traffic to the site and cash in on advertising revenue.

Takagi, 23, an Australian national of Japanese descent believed to be 10 weeks pregnant, was jailed for 10 months on March 23 after pleading guilty to four counts of sedition.

Yang, 27, a Singaporean, denied the charges, claiming his involvement was “fleeting” – just a month in 2012. He also told the police his involvement in TRS was only in the advertising aspects.

Yesterday, DPP Kannan said Mr Durai had been called to give evidence after the prosecution reviewed evidence over the weekend.

Mr Durai said in his statement that he met Yang between 2006 and 2007 in Yishun Junior College and they were floorball teammates.

They drifted apart after graduation, but reconnected in January 2012 when Yang contacted him on Facebook.

They used Facebook and WhatsApp often to discuss ways to make money from online businesses.

In some of these message logs tendered in court yesterday, Yang told Mr Durai in March 2013 he was stressed about developing a mobile app for TRS.

He told Mr Durai he had trouble hiring a “cheap and good” company that could design an app similar to that of The Straits Times.

The Real Singapore duo arrested for sedition

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The New Paper, The Straits Times

TRS MERCHANDISE

Mr Durai testified that Yang asked him for ideas for related merchandise they could sell on the TRS website.

Yang had earlier told Mr Durai he tried selling T-shirts with customised slogans, such as “I want to be a millionaire so that I can buy my HDB”, on TRS’ Facebook page.

Only 5,000 shirts were sold at $2 profit a piece, despite the offer being viewed by 500,000 Singaporeans, Yang told Mr Durai.

Testifying that Yang had referred to TRS as “my website”, he said Yang told him: “If you can think of something simple that 500,000 people will buy and go viral, then we can earn our first pot of gold from my website.”

In January 2013, they and Takagi teamed up for a competition for start-ups using Mr Durai’s idea for a website called Acreet, which would give prizes to users who generated the most number of votes from fellow users within a fixed period.

In Yang’s competition registration entry form, he wrote for his biodata: “I have, also together with Ai Takagi, started and continue to run an online news media site (TRS)… from which advertising revenue is gained.”

Yang said he was responsible for marketing and was focused on growing the market of TRS.

He also submitted a video recording, which was played in court, in which he introduced himself as someone who wanted to start his own business and be his own boss.

“The first venture was an online shop selling electronic gadgets to group-buying sites, and my second was an online news site (sic) which is the most successful so far. It is now the top 100 site, traffic-wise, in Singapore,” he said in the video.

Yang and Mr Durai fell out in April 2013 after Yang told his friend via WhatsApp that he was pulling out of the team as he was no longer keen on Mr Durai’s business idea.

He also said Mr Durai would not listen to his ideas.

Mr Durai said he wished Yang well and asked for the Acreet domain, which was paid for by Yang, to be transferred to him.

Yang replied: “U r not receptive of other people idea y must transfer to you. Go register your own domain then.”

When Mr Durai said he was the one who came up with the name, Yang said: “No thanks bye bye go sue me then” and used a Hokkien vulgarity.

During cross-examination, defence lawyer Choo Zheng Xi asked Mr Durai whether he had advised his teammates, including Yang, on how to write their biodata in the entry form.

Mr Durai said he could not recall.

Just before the close of yesterday’s hearing, the prosecution objected to Yang using his mobile phone in the dock during court proceedings, which he was not supposed to.

Yang told the court it was because his wife was “bleeding” and seeing a gynaecologist.

The trial was adjourned to this afternoon. If convicted, Yang can be fined up to $5,000 and jailed for three years on each sedition charge.

rloh@sph.com.sg

This article was first published on April 6, 2016.
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