MH370 Updates - the 2nd anniversary is on 8 March 2016 tomorrow with more tortures and anguishes being piled on the relatives of the passengers of the missing plane as another 'alleged' piece of the plane was found in the French Reunion Island. Nothing had been confirmed yet as they await experts to inspect it. RIP to the 'presumed dead'.
"Two officers involved in NSF death punished in accordance with military law: SAF - CNA 7 Mar 2016
SINGAPORE: The Singapore Armed Forces (SAF) on Monday (Mar 7) said that the platoon commander and the chief safety officer of the exercise that resulted in the death of full-time national serviceman Dominique Sarron Lee were punished in accordance with military law in 2013.
Commander of Training and Doctrine Command (TRADOC) Brigadier General Chan Wing Kai said in a Facebook post that while the two officers escaped criminal charges, they were disciplined in 2013.
He noted that the Coroner's Inquiry (CI) found that PTE Lee had “died from acute allergic reaction to zinc chloride due to inhalation of zinc chloride fumes”. The coroner also found that this acute allergic reaction was “unlikely to have been predicted”.
Given that PTE Lee's acute allergic reaction to the smoke grenades thrown by the platoon commander was not reasonably foreseeable, no criminal charges were brought against both officers, he added.
"While the CI and COI (Committee of Inquiry) did not find that the two officers were directly responsible for PTE Lee's death, the two officers were summarily tried in 2013 for negligent performance of lawful order or duty, found guilty, and punished according to military law," BG Chan said.
The COI, convened by the Armed Forces Council, found that the number of smoke grenades discharged and the distance between the smoke grenades were not in accordance with the limits and minimum distance specified in the Training Safety Regulations, he said.
Smoke grenades which produce zinc chloride fumes have been in use by many militaries, including the SAF, since the 1970s. PTE Lee’s death directly attributable to zinc chloride inhalation is the first on the SAF’s records in over 30 years of use.
He reiterated that the SAF offers its deepest condolences to the family of the late PTE Lee. "We are deeply sorry for the untimely and tragic loss, and the anguish and distress brought to his family."
The TRADOC Commander also sought to debunk the perception that SAF servicemen injured or killed cannot seek legal recourse under military rules. "This is incorrect," he said.
For instance, in 2004, four servicemen were charged in court for causing the death of another serviceman during combat survival training. Another example was the senior instructor who was charged and convicted of instigating a full-time NSman to commit a rash act and trying to pervert the course of justice in the incident where an overturned jeep resulted in the death of a full-time NSman.
"In both cases, the servicemen responsible were found guilty, and sentenced to imprisonment," he wrote.
PTE Lee's family had sued the SAF and its officers for negligence, but the case was dismissed by the High Court last week. The SAF argued that it is indemnified from suits for negligence if the deaths or injuries occurred during service, under the Government Proceedings Act.
Lawyer Amolat Singh explained why the law is in place. He said: "This makes sense because defence is a very important part of our nation. And if soldiers on duty happen to damage a car - I'm not saying the Government will not compensate; it definitely will - but you can't sue the Government in the court of law.
“First of all, the Government Proceedings Act does not rob any person of compensation or the protection. It merely regulates that you can't sue the Government. But having said that, the Government has always been forthcoming in wanting to negotiate, in wanting to be fair and offer compensation where it is rightly due.”
Mr Amolat added that it is unlikely that the Government Proceedings Act would be reviewed in the near future.
He said: "We have to accept that military training entails an element of danger. There are of course safety measures in place - SAF takes safety very, very seriously. But if we open the floodgates, and for every injury or every unfortunate death, you find all kinds of lawsuits against the Government, it may very well undermine the whole rationale of having a Government Proceedings Act."
BG Chan also said before the most recent lawsuit, the family of the late PTE Lee had taken out a pre-action discovery application, which they subsequently withdrew. The court had awarded costs to the Ministry of Defence (MINDEF), but the ministry waived the legal costs, he said.
The mother of PTE Lee had written on Facebook on Mar 3 that the Judicial Commissioner in charge of dismissing the suit against SAF and the two officers had ordered her to foot their legal costs.
The TRADOC Commander added that MINDEF and SAF have been extending help to the family throughout this period, and remain committed to assisting and providing support to the family.
"Since the incident, welfare grants have been disbursed, and an offer of compensation has been made to the family, based on the full extent allowed by the compensation legislation," he wrote.
"To respect privacy and maintain confidentiality, compensation amounts are not disclosed, but are generally two to four times that of amounts provided under the Work Injury Compensation Act for incidents arising from training and operations."
He reiterated that SAF values the life of every soldier and recognises that we are responsible for the sons of Singapore placed under its charge. "We will uphold safety standards while ensuring that we build a strong National Service force able to defend Singapore."
The Defence Ministry said it has beefed up training safety since 2012, including setting up a safety and systems panel Safety and Systems Review Directorate and a specialist medicine board Respiratory Medicine Specialist Advisory Board to review the classification of asthma.
Defence Minister Ng Eng Hen on Monday urged the ministry and SAF staff to respect the court's decision, but added that the legal costs which PTE Lee's family was ordered to pay should be waived.
"The High Court judgement in awarding MINDEF costs is based on sound legal grounds and precedents," he wrote in a note to MINDEF and SAF staff. "But we need not add to the pain and anguish of the family of the late PTE Lee. We should waive the costs to the family."
Dr Ng added: "We should also emphasise to our SAF commanders that they should continue to train their men professionally, with due regard for safety regulations. I know that our commanders care for their men and that no one wishes for their trainees to be injured or worse still, face death.
"We must learn from every accident, fix lapses and improve. This is the way we honour all those who have given their all to build a strong and honourable SAF.""
This DISCLOSURE is apt in view of the recent case when 2 Ministers, 1 of them an Acting Minister, spoke to CLEAR any misconception about the tragic suicide death of a young school boy were due to excessive actions by the Singapore Police.
It is totally expected for the Defence Ministry to waive the legal costs of the case for the dead NSF man's family.
May the mother find some closure here as it must be very painful and hurtful going through this terrible tragedy.
"Two officers involved in NSF death punished in accordance with military law: SAF - CNA 7 Mar 2016
SINGAPORE: The Singapore Armed Forces (SAF) on Monday (Mar 7) said that the platoon commander and the chief safety officer of the exercise that resulted in the death of full-time national serviceman Dominique Sarron Lee were punished in accordance with military law in 2013.
Commander of Training and Doctrine Command (TRADOC) Brigadier General Chan Wing Kai said in a Facebook post that while the two officers escaped criminal charges, they were disciplined in 2013.
He noted that the Coroner's Inquiry (CI) found that PTE Lee had “died from acute allergic reaction to zinc chloride due to inhalation of zinc chloride fumes”. The coroner also found that this acute allergic reaction was “unlikely to have been predicted”.
Given that PTE Lee's acute allergic reaction to the smoke grenades thrown by the platoon commander was not reasonably foreseeable, no criminal charges were brought against both officers, he added.
"While the CI and COI (Committee of Inquiry) did not find that the two officers were directly responsible for PTE Lee's death, the two officers were summarily tried in 2013 for negligent performance of lawful order or duty, found guilty, and punished according to military law," BG Chan said.
The COI, convened by the Armed Forces Council, found that the number of smoke grenades discharged and the distance between the smoke grenades were not in accordance with the limits and minimum distance specified in the Training Safety Regulations, he said.
Smoke grenades which produce zinc chloride fumes have been in use by many militaries, including the SAF, since the 1970s. PTE Lee’s death directly attributable to zinc chloride inhalation is the first on the SAF’s records in over 30 years of use.
He reiterated that the SAF offers its deepest condolences to the family of the late PTE Lee. "We are deeply sorry for the untimely and tragic loss, and the anguish and distress brought to his family."
The TRADOC Commander also sought to debunk the perception that SAF servicemen injured or killed cannot seek legal recourse under military rules. "This is incorrect," he said.
For instance, in 2004, four servicemen were charged in court for causing the death of another serviceman during combat survival training. Another example was the senior instructor who was charged and convicted of instigating a full-time NSman to commit a rash act and trying to pervert the course of justice in the incident where an overturned jeep resulted in the death of a full-time NSman.
"In both cases, the servicemen responsible were found guilty, and sentenced to imprisonment," he wrote.
PTE Lee's family had sued the SAF and its officers for negligence, but the case was dismissed by the High Court last week. The SAF argued that it is indemnified from suits for negligence if the deaths or injuries occurred during service, under the Government Proceedings Act.
Lawyer Amolat Singh explained why the law is in place. He said: "This makes sense because defence is a very important part of our nation. And if soldiers on duty happen to damage a car - I'm not saying the Government will not compensate; it definitely will - but you can't sue the Government in the court of law.
“First of all, the Government Proceedings Act does not rob any person of compensation or the protection. It merely regulates that you can't sue the Government. But having said that, the Government has always been forthcoming in wanting to negotiate, in wanting to be fair and offer compensation where it is rightly due.”
Mr Amolat added that it is unlikely that the Government Proceedings Act would be reviewed in the near future.
He said: "We have to accept that military training entails an element of danger. There are of course safety measures in place - SAF takes safety very, very seriously. But if we open the floodgates, and for every injury or every unfortunate death, you find all kinds of lawsuits against the Government, it may very well undermine the whole rationale of having a Government Proceedings Act."
BG Chan also said before the most recent lawsuit, the family of the late PTE Lee had taken out a pre-action discovery application, which they subsequently withdrew. The court had awarded costs to the Ministry of Defence (MINDEF), but the ministry waived the legal costs, he said.
The mother of PTE Lee had written on Facebook on Mar 3 that the Judicial Commissioner in charge of dismissing the suit against SAF and the two officers had ordered her to foot their legal costs.
The TRADOC Commander added that MINDEF and SAF have been extending help to the family throughout this period, and remain committed to assisting and providing support to the family.
"Since the incident, welfare grants have been disbursed, and an offer of compensation has been made to the family, based on the full extent allowed by the compensation legislation," he wrote.
"To respect privacy and maintain confidentiality, compensation amounts are not disclosed, but are generally two to four times that of amounts provided under the Work Injury Compensation Act for incidents arising from training and operations."
He reiterated that SAF values the life of every soldier and recognises that we are responsible for the sons of Singapore placed under its charge. "We will uphold safety standards while ensuring that we build a strong National Service force able to defend Singapore."
The Defence Ministry said it has beefed up training safety since 2012, including setting up a safety and systems panel Safety and Systems Review Directorate and a specialist medicine board Respiratory Medicine Specialist Advisory Board to review the classification of asthma.
Defence Minister Ng Eng Hen on Monday urged the ministry and SAF staff to respect the court's decision, but added that the legal costs which PTE Lee's family was ordered to pay should be waived.
"The High Court judgement in awarding MINDEF costs is based on sound legal grounds and precedents," he wrote in a note to MINDEF and SAF staff. "But we need not add to the pain and anguish of the family of the late PTE Lee. We should waive the costs to the family."
Dr Ng added: "We should also emphasise to our SAF commanders that they should continue to train their men professionally, with due regard for safety regulations. I know that our commanders care for their men and that no one wishes for their trainees to be injured or worse still, face death.
"We must learn from every accident, fix lapses and improve. This is the way we honour all those who have given their all to build a strong and honourable SAF.""
This DISCLOSURE is apt in view of the recent case when 2 Ministers, 1 of them an Acting Minister, spoke to CLEAR any misconception about the tragic suicide death of a young school boy were due to excessive actions by the Singapore Police.
It is totally expected for the Defence Ministry to waive the legal costs of the case for the dead NSF man's family.
May the mother find some closure here as it must be very painful and hurtful going through this terrible tragedy.
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