Originally posted by iveco:
Why does Choo Wee Khiang escape with a 7 day jail term for corruption and fraud charges whild his co-conspirators get stiffer sentences? I bet if he had been a parliamentarian in the West, he could be looking at anything more than 3 months behind bars. It is clear that the judicial system has some sympathy for him simply because he is a member of the ruling party.
Furthermore, Vidya Shanker would be innocent if he did what he did in London. The people there have more liberal attitudes towards ONS and would agree with the statement that he had been framed by his "victim", who could benefit by selling her account of that fling to the tabloids. Rape charges have been compiled and dropped due to such practices by the UK media.
The Laws of the land consist of common laws and statutes, are they not? I am not a lawyer and could only understand such matters from common sense or practical approach.
The British laws of common laws were emulated by many other countries as they have been widely acknowledged by many eminent judges elsewhere to be the fairest and most equitable. Where there exist uncertainties in interpretations, there will be a system of convention and practices like past precedents and authorities to ensure the justice is administered on the whole fairly and equitably as had been done for many years. Even today, Singapore laws are probably still on the whole influenced by common law cases from Britain to a certain extent.
Unfortunately, Singapore has taken a dramatic departure from the British basic common laws in many respects. The onus of proof was changed and amended in many cases and discretion of judges increasingly applied. In many cases, the sentence was enhanced beyond the usual bound allowed for under the laws or practices. I may be wrong in my views of the errors as pointed out recently in overturning of chief justice' enhancing of sentence of a divorce petitioner for hitting of the case lawyer but would like to hear the views of others.
If Singapore should continue to grant more and more discretions to the judges, will that not lead to future problems especially the sanctity of rule of laws.
In my layman view, there should be a parallel set of laws requiring the judges to be more accountable and transparent since many of them are no longer bound by juries system having been abolished sometime back in our particular political evolvement. Will there in future be more equitability principles governing evidences and presumptions by passing of some such laws?
The government has passed many administrative delegated to the ministers, government departments and statutory boards like HDB, BCA etc. These various laws are redefining and presuming responsibilities of flat-owners and dwellers in the case of faulty windows or lack of maintenance etc.
Under various Laws of parliament, government cannot be sued for losses or damages suffered by citizens. These areas of laws have already affected fairness and equitability principles so clearly established under the British common laws.
Because government plays such a big part in efficiency of govenment that such a process of passing more presumptuous administrative laws might have adversely affected people's aspirations to observe equitable rule of laws based on fairness and equitability at every strata of governance.
It is important going forward as part of the policy of openness and liberalization to limit the expanding discretion of judges as well as to limit the administrative powers given to acquire car park lands of a church at one dollar?
To ensure accountability and transparency the starting point will be the constitution which should be re-examined to incorporate the 7 points of true democracy as posted in this forum.
There will be a great deal of benefits and very little disadvantages to uphold and adopt the 7 points will help to establish rules of laws at all stratum of society and will help Singapore to establish itself firmly as the true home of all citizens who love equity and openness and transparency in the next phase of political development.
From the overall perspective of building a more competitive economy, to attract all kinds of talents to make Singapore succeed, it should proceed to establish and amalgamate various sources of laws of evidence and sentencing and subject them to greater vigour of checks and balances to avoid future uncertainties and problems? I feel an act of political will will be necessary to recognize the current problems and improve whole legal and judicial system to be more open up and accountable.
