Wednesday, July 28, 2010

ALAN SHADRAKE; BLOGGER SAYS BELEAGUERED AUTHOR'S ONLY DEFENCE UNDER SINGAPORE LAW IS THAT HE DIDN'T WRITE ANTI-DEATH PENALTY BOOK;


"In Singapore, you can only legally say that our judicial system is just and all it takes for them to prosecute is for you to write something contrary to that. Alan Shadrake will be found guilty of those 'contempt of court' charges unless he can prove he did not write his book, "Once a Jolly Hangman" - at this point it doesn't matter if (what) he wrote is true or not:..."

LUCKY TAN: DIARY OF A SINGAPORE MIND; (Mr. Tan informs us that he is devoted to studying the thoughts of Singapore leaders and the laws of Singapore.")

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BACKGROUND: The 75-year-old free-lance British journalist was arrested by Singapore authorities in July, 2010, on criminal charges in connection with his new book, "Once a Jolly Hangman: Singapore Justice in the Dock," and then held overnight before being released.

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"Singapore's laws on drug trafficking are extremely harsh. Mandatory seath penalty is imposed for possession of small amounts of drugs," Lucky Tan's post on his Blog "Diary of a Singapore Mind" published earlier today begins, under the heading, "lan Shadrake accused of contempt of court."


"Under the Misuse of Drugs Act, a person possessing small qualities of drugs is presumed to be trafficking it unless proven otherwise," the post continues.

The mandatory death penalty has been imposed recently on a poorly educated Malaysian, Yong Vui Kong. who was running errants for his mob boss when he was a teenager (19yrs old). It doesn't matter that he could've been 'forced' into it by the mob or that he was poor or that he was a teenager - the death penalty is mandatory for the amount of heroin he was carrying. Vui Kong had 47 grams on him. I wonder if he even knew that possessing 30 grams of heroin carries the death penalty - in China he would have been spared because it takes 50 grams for death penalty to be imposed. We can argue whether death penalty is right or wrong but even those who support the death penalty have to admit that our laws are harsh ...so harsh that we have one of the highest, if not the highest, execution rate per capita in the world

The problem with extremely harsh laws is that you have to apply them equally to every one and that for practical reasons is very difficult. The system has to be equally determined to prosecute someone from a wealthy country where the same crime carries a far lesser punishment. The death penalty in Singapore will trigger a big outcry in the home country, accusations of human rights violation, and protests by its leaders. Death penalty for 47 grams of heroin is quite shocking for people in many countries.

One of the issues Shadrake examined in his book is whether the law has been applied equally in all cases involving drug possession - rich and poor, people from different countries. You may think that now that charges have been brought against him, he has the chance to offer proof to substantiate what he wrote. That would be true if he was charged for criminal defamation in which case, his lawyer can defend him by showing that what he wrote is true. However, he is charged for 'contempt of court'. In Singapore, you can only legally say that our judicial system is just and all it takes for them to prosecute is for you to write something contrary to that. Alan Shadrake will be found guilty of those 'contempt of court' charges unless he can prove he did not write his book, "Once a Jolly Hangman" - at this point it doesn't matter if he wrote is true or not:

"I submit that the ‘inherent tendency’ test does not meet the standard of rationality required by Article 14. First, when the test is applied, it does not matter whether there is any truth in the utterance by the alleged contemnor. A court may convict so long as it takes the view that the utterance poses some hazard, even if slight, to the administration of justice."

The post can be found at:

http://singaporemind.blogspot.com/2010/07/alan-shadrake-accused-of-contempt-of.html

PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/07/new-feature-cases-issues-and.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;