Convicted: Gopalan Nair
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Convicted
Ladies and Gentlemen,
Yesterday, the 5th of September 2008, Subordinate Court No. 6, 4.30 pm Singapore. I was convicted of disorderly behavior and one count of hurling abuses at police officers. I have already narrated the incident in my earlier blog.
I was fined $2,000.00 and if I failed to pay, to serve 2 weeks jail for the hurling abuses at police officers charge. For the disorderly charge, $1,000.00 and if I failed to pay, 1 week in jail. In total $3,000.00. I have filed an appeal, which means that I don’t have to pay just yet. Mr. Chia Ti Lik will be my lawyer in the appeal.
This case, which I shall call the disorderly case, took 18 days of trial in court. I defended myself. After all I am a lawyer. So if I have been fined $3,000.00, you may say that I got my money's worth. I have made the court and the Singapore Attorney General to work very hard for 18 days of court time. In return the fine I have to pay them is only $3,000.00. If you look at from a financial standpoint, you could say that I have ripped them off. What, for 18 days of court time, they get only $3,000.00!
But on a serious note let me summarize what happened. The prosecution case had so many holes; you could have called it a sieve, and a broken one at that. And what was worse, except for 5 police officers, there was not a single independent witness, despite the fact that there was reported to be more than 25 independent onlookers as stated by the police spokesman himself in the Sunday Times of July 6, 2008!
On the morning of Sept 5, 2008 at 10 am, the prosecutor Mr. Koy Su Hua rose to address the court. His arguments were that I had hurled racial abuses at Malay policemen, which in his view should not be tolerated in a multi racial Singapore. Second that I had misconduct myself in the case by asking questions, which the judge had disallowed. Third that I had insisted that the Tamil Police Investigator give his full name instead of being allowed to use his nickname, which was S Vicki. Fourth, a similar accusation against Mr. Koy and the judge James Leong. That I had used the trial for political ends. That I had cast aspersions on the integrity of the judiciary including the judge Mr. Leong. That I had shown no remorse. And therefore, because of these things, I should be sent to prison because a fine was not enough.
I pointed out to the court that I deny ever hurling any abuses at anyone. And that each time someone used a racial abuse is used; if the offender is sent to prison, there wouldn’t be sufficient prison space to house all the offenders!
That I deny ever having behaved disorderly, as I had no reason to be. I was not drunk, as shown by the blood alcohol report, and neither was I mad. That I never misbehaved in court in any way, which was nothing more than a figment of imagination, Mr. Koy's that is. As for demanding full names, it was my understanding that in any country in the world including Singapore, people have to give their true names. If a man is John Smith, he cannot say that he is Archibald Adams! And that applies to this Tamil Investigator from Central Police Station who happens to be Vickneswaran s/o Sockalingam (s/o means son of) whose true name I only discovered by asking him a direct question during cross examination. The surprising thing about this name business is that this man, Mr. Koy, as well as the judge himself had flatly refused to give their full true names at all. Mr. Koy wanted to be known only as Peter Koy and the Judge wanted only to be known as James Koy. In the end we discovered that he was in fact Peter Koy Su Hua and the Judge was James Leong with 2 other Chinese names.
I pointed out that demanding true names was not being impudent or insulting at all. Although I cannot really say why this police officer from Central Police Station Vickneswaran s/o Sockalingam, Peter Koy and Judge James Leong were so determined to hide their full true names, I can make an intelligent guess. As they are aware that I write this blog, and that it is well read, and as there is a possibility that I may even write a book on this whole unhappy episode, they rather remain unknown to avoid embarrassment. They probably don’t want the world to know what they have to do for a living.
I had also pointed out that I had no respect for the Singapore judiciary which has been seen to be used as a political tool to silence dissent. I pointed out that it was not just I saying this but the respected International Bar Association in their recent 72-page report says just as much. As for remorse, I said I have none. As I have not committed any crime, how can someone expect me to have remorse? I told the judge that if it makes him happy, I could say I am sorry, but truly I am not; since it is impossible for someone to have remorse for a crime he did not commit. Saying sorry will therefore not do any good, neither for me nor for the judge. Just because the judge James Leong says I am guilty, does not make me so.
Mr. Koy, poor man was trying very hard to justify his claims. For instance he relied on a case PP vs. Daniel Lo Kiang Heong, 2007 SGDC 47, the facts being the defendant having gone to Devils Bar in Tanglin Road, got thoroughly drunk, shouted "baka" and "bakero" which meant “idiot” and “stupid bastard” in Japanese, of all languages, at police officers and when told to go home by them, showed his middle finger at them, and when arrested by a woman police officer, had bit her left breast for which she received medical treatment at Alexandra Hospital! This case was far more serious from anything that I was accused of. For one, I did not bite anyone, let alone a woman in her breast! Furthermore, even though the defendant in that case had acted in a very violent manner, he was asked to merely go home, when I was given no such opportunity, given the fact that I was Gopalan Nair.
Mr. Koy went on to refer to 2 more cases, which again had no relevance to mine at all, they being cases involving criminal breach of trust and credit card fraud. Mr. Koy was clearly clutching at straws to show that I should be severely punished.
I managed to refute these desperate challenges by Mr. Koy to paint me in bad light, but it did no good. I have no doubt in my mind, knowing how the legal system in Singapore works that the sentence imposed on me by the judge was already predetermined well before I walked into court. You see, it was not a criminal trial at all, but a political exercise from the start. The court was yet again being used by the Lee Kuan Yew dictatorship just as they have done for the entire history of Singapore since 1959, for a political purpose. It was to punish an openly known critic of the Singapore government so as to send a message to every other Singaporean that criticizing the government means trouble. And therefore they should not do it.
As for Mr. James Leong, I have this to say. I have begun to know him pretty well since it took 18 days of trial. He is a good man at heart; there is no doubt about it. If he had his way, there is no doubt he would have acquitted me immediately. But alas he is weak. He cuts a pathetic figure. A man, because of his circumstances, having to do things that he does not really want to do. He knows that his employment as a judge in the Singapore courts depends on the patronage of Lee Kuan Yew and his friends. He also knows that Lee demands his judges to punish political opponents of the government. And therefore to keep his job as a judge, he has no choice but to find me guilty. The sentence imposed upon me, and the timing of the dates of the sentencing were, in all probability, all decided for him by the Minister for Law in consultation with Lee Kuan Yew and his friends.
But I have to say this of Judge Leong. He was polite and treated me with respect throughout the trial. He was both courteous and decorous. I only wish one day, this man will have the courage of his conviction either to tell this government in no uncertain terms that he is not a politician, and if they wish dirty work to be done, they should find someone else. And if the government refuses, he should just walk out like a self-respecting man, with his head high on his shoulders and with his pride intact. Alas, that may be too much to ask in the fear ridden island of Singapore.
Gopalan Nair
Singaporehttp://singaporedissident.blogspot.com/
23 comments:
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Long live Poh Ah Pak!
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hail Poh Ah Pak!
I tell you what, let me suggest to you something even better.
Don't pay a single cent, and go to jail instead which means that the courts spent 18 days doing all the work but does not even receive a single cent! let alone $3000.
And when you go to jail, they will have to feed you. Which means that you have free accomodation and free meals!
So, the government gets no money and have to instead give you shelter and food, how does that sounds?
The court should have fined you $180,000. Ten thousand for each day of their time wasted on you!
But even at $3000 I doubt you have the money topay up. And now you are appealing and I am damn sure you will lose, so you probably end up paying more.
Enjoy your jail term!
Hi. I've been reading your blog for quite some time, and to be honest, I've taken everything with a pinch of skepticism. I believe you will not blame me for that. Your argument seems valid (regarding your mistreatment in court), but whether it is sound, isn't something I can independently determine. But one thing you've said so far remains true.
There is fear in most of us. We declare ourselves anonymous (in the same way I have).
It is brave, what you've done, to be so open with your dissent. But is it really the best way?
Your blog has caused me to think much about Singapore's political scene. There was only one conclusion I came to: If there is to be change, there will be chaos. Fighting for change seems good. But the thing is, are we ready for it?
PS: This is not meant to be political. I'd debated long with myself if I should even post here. As I'd admitted, I am, to degrees, fearful.
You mentioned the government trying to intimidate citizens by 'killing a chicken to frighten the monkeys'.
But what if the chicken refuses to roll over and die but instead continues to strut around flapping its wings, crowing proudly?
That sets a very bad precedent and might well embolden the monkeys - quite the reverse of the desired outcome.
Hahaha! Well done Gopalan. 'Way to go, man! We look forward to buying your book. Call it PAP: My Role In Its Demise?
Dear Gopalan,
This sound like a fishing trip gone wrong for Singapore.
This case will only work with the frightened submissive Singapore voters because many locals have no idea how freedom and human rights work.
You are now a step closer to returning to your own country.
And the results of this case may set the precedant for your final case.
This is a lose-lose war for both you and Singapore.
You lost your freedom to move around and was detained in Singapore for far longer than what you wanted. But, at least, you have a chance to show off your legal skills and create a deeper understanding of Singapore (which will put you in good strive for any up and coming book)
Singapore got to lose more. In the eyes of its citizens and ex-citizens, people are realising what happen even if they do not express them. As for LKY, this "great statesman" is no different from the other "great liberator" Robert Mugebe.
Let history judge them...
Hi Mr Nair,
Allow me to make several points:
1. The courts of any country are public institutions.
2. As public institutions, they are FULLY accountable to the public whose funds they use (or misuse as the case here obviously is).
3. ALL court proceedings are matters of THE PUBLIC RECORD.
4. As matters of the public record, all details during the proceedings are recorded as factual (i.e. as having occurred - that goes for false allegations made as well).
5. The actual identity of the prosecutor is a matter of the public record for if he or she is found to abuse his/her power, then the exercise of accountability kicks in.
It is for these reasons, that the full and actual name of the prosecutors, witnesses, AS WELL AS THE ACCUSED (i.e. you) are required.
But these are indeed the kangaroo courts, so nicknames, petnames, or even your mother's first boyfriend's names will be allowed.
So should your mother's first boyfriend's name if that is the name you wish to choose for the proceedings.
Oh and another thing, M Nair, I wouldn't gush about 'Judge' Leong (no details of name necessary) if I were you.
The only reason for his good behaviour is that american officials are watching this case.
$3,000 for 18 days in a District Ct? Can't even pay the judge's salary which is abt $20k pm.And what abt the DPP and his coterie of police officers? Court clerks and PUB bill? My estimate is at least $50,000.
So, in effect, Gopal, u got a $50k show for just $3k!
"on a serious note let me summarize what happened. The prosecution case had so many holes; you could have called it a sieve, and a broken one at that!"
Well Said and well done Sir!
I told you many times - these FamiLees and their stooges will never prosper!
Stand up tall! We are beside you all the way!
"And if the government refuses, he should just walk out like a self-respecting man, with his head high on his shoulders and with his pride intact. Alas, that may be too much to ask in the fear ridden island of Singapore."
Yes this is what Stinkaporeans should so and kick out the Lee Junta /PAP out!
"But alas he is weak. He cuts a pathetic figure. A man, because of his circumstances, having to do things that he does not really want to do. He knows that his employment as a judge in the Singapore courts depends on the patronage of Lee Kuan Yew and his friends. He also knows that Lee demands his judges to punish political opponents of the government. And therefore to keep his job as a judge, he has no choice but to find me guilty"
Mr Nair you hit the hammer right smack on the nail! Absolutely right! Well said !
There you go, Gopalan, the 'Kangaroo court & justice' in action.
All over the world, dictators will definitely persecute dissents. Why? Because they are afraid. Afraid of what? Of losing their power and worldly gains.
We are the 'freedom fighters' and we will support the freedom lovers wherever they are in this world irrespective of race, religion, culture, etc. True 'freedom fighters' are not tied to worldly gains and so they have nothing to lose and are not afraid of anything.
You are right in your previous blog post, freedom is priceless.
Best Regards.........
Hi,
I'm a journalist at the french tv France 24. I'd like to interview you on the phone. Do you think you could send me your phone number?
My email : jpain AT france24.com
I stumbled upon your blog and this is what i have to say.
Yes, the government may be corrupted. But you cannot deny that without such a government system in Singapore, Singapore would not have progressed to where it is today. In a set of rules and regulations, there are always people who benefit and people who lose out. I'm sorry to hear that your blogposts seems to say that you always seemed to be experiencing the latter.
Maybe it's time to start thinking, why is it always you? Why not some random people on the street, or even so - The judge James Leong. Why you?
I tell you why. Because you hold on strongly to your rights, to your believes. Because you refused to let go and have put your focused on the wrong things in life. You revolved your life around politics and when it seems as though the system outsmart you, you are deemed determined to oppose it and prove it wrong. But ask yourself, what's the point? So what if you managed to make the world know of what you believed that the Lee Family are doing are wrong? Nobody is going to appreciate you for it, or maybe if it makes you happier, maybe ten or twenty. But the majority of the people does not care, not because they are apathetic, but because there are more important things in life that are much more worth pursuing for.
Situations can continue to remain and not change, but it's your heart and attitude that can change to make things better. If you want miracles to happen (such as maybe for the downfall of Lee), you can pray for that to God. But the point is, there is no point of doing so.
Character is what is most important to survive in this world. Not what you believe, are your rights, and people should know. Learn to let go of your pride, and the world will be a much better place to live in.
Maybe what you need, is really God. Only in God, do you find the fulfillment in life that you longed for.
God bless you,
Amen
Can you post the transcript of the court hearing. This will, like the Chee case let people be their own judge of how the proceeding went and also let people in the legal profession world-wide make a judgement on the legal system here.
And God is Lee Kuan Yew?
Singapore progress to what it is today? Please lah, give me back my fishing village. I'd rather have my good ole kampong than this suffocating hell of a red dot where law and justice is a mockery and making $$$ and building reserves is be all and end all!
God bless Singapore!
Dear Wanderer,
If one were not to hold on strongly to his/her rights and beliefs, then what is one to hold on to?
Not to mean any disrespect, but your strong faith only goes to demonstrate my point. If you can believe in your God with all your life, then why is Mr Nair not to hold onto his beliefs?
Dear Mr Nair,
I applaud your bravery, and I am deeply respectful. For even though I share many of your thoughts, I will admit it, I am afraid of acting upon them. Not afraid of what might happen to me, but afraid of what might happen to the people around me who I care for most. Even in this comment I stay anonymous.
However, it is my sincere hope that one day I will no longer have to remain anonymous. You, sir, may have a great part to play in that.
So, do something! Why just complain and complain? Emigration can be a tool too - just like a worker on strike. PAP cannot keep importing foreigners without coming to the bargain table, can it? Erm, maybe it can! Anyay, If you want to leave Singapore , come here to emigrate. If you want to stay and fight, come here.
If you are a new Singaporean who have just arrived, welcome! Here's your new Emperor, your new National Flag, your new National Pledge, and some quick National Education, introduction to our National Spirit, our National Song (KTV style) and the first (Betrayal) and last (Good Bye My Love) chapter of our national book to round off your quick orientation to Singapore. If you want to keep some pets in singapore, here's a frog, and there's a dog. Here are some of your younger MPs (who can dance damn well!) and there are the older MPs who look very dignified! For those sleepy ones, they are here. You will have a bright future in Singapore.
Oh, Singapore has lots of entertianment too - if you have no interest in politics and just want to listen to music, here's an old songs (just ignore that cry baby), and that's an even older one (just ignore those strange masks). If you are love poetry, you are in luck! If you are the sporty type, Singapore has it too. If you are the hardworking mathematical type, you will fit right in! Did I mention that Singapore also has Asia's most beautiful woman?
Finally, if you don't have enough money, don't worry. Our Ministers Money No Enough 2 (too). Just look around harder, there are lorry-loads of golden opportunity in Singapore!
Let's all Shine for Singapore!
You were probably born in the wrong country and it is good that you took yourself out of it.
You come across as so whiny in your blog. And yes, you can complain all you want in America. You can have that 'freedom'.
It is obvious that you have a personal vendetta against the Singapore government. That is why in all honesty, I don't respect what you write and I think most Singaporeans will take what you write with a huge tablespoon of salt. Because you don't have the greater good at heart. You believe in a concept of freedom that is self-serving. You portray yourself as some 'hero' to 'free' Singaporeans from some concept of 'dictatorship'.
I am proud of what Singapore is and what Singapore has become. Without Lee Kuan Yew's transformation of Singapore, you, yes you, Gopalan Nair and the rest of Singapore would most likely still be stuck in some 'longkang' as a 3rd world country. And I am glad that Singapore does not have to call you Singaporean anymore, because you obviously don't have Singapore's best interests at heart.
Take your misplaced pride and go ahead and write your book.
Good luck. Empty vessels make the most noise. I dare you to print this in your blog comments, together with all the other 'praises' that you get.
Well Done Mr Nair!
Stand up tall for your values against the Ruling Regime!
Keep it up!
Yes, the government may be corrupted. But you cannot deny that without such a government system in Singapore, Singapore would not have progressed to where it is today.
One can only imagine how much more Singapore would have progressed without such a government system. Perhaps the brain drain wouldn't be this bad.
To anonymous who wanted the hear the recording of the Lee vs Chee court hearing.
Please go the Singapore Democratic Party website which has the recording.
Very Best,
Gopalan Nair
$3000 for 18 days of circus? Agreed that you got the better part of the bargain.
Just wondering why the court was so lenient to you.
If it were me, I would just bundle you off to Changi airport, put you on the first available plane to the US and ban you from ever setting foot in Singapore again.
Save us taxpayers money and legal resources which can be put to better use.
LOL.