Daily Lessons from Life 01 February 2018 - I want to be a Judge!!
"City Harvest case: Prosecution’s bid to reinstate longer jail terms rejected by Apex court
SINGAPORE: The Court of Appeal has on Thursday (Feb 1) found in favour of City Harvest Church’s Kong Hee and five others, rejecting the prosecution’s bid to reinstate the original convictions and sentences of the six church leaders.
“A HARD CASE SHOULD NOT BE ALLOWED TO MAKE BAD LAW”: APEX COURT
On Thursday, the Court of Appeal moved to uphold the High Court’s decision to convict the City Harvest six of less serious criminal breach of trust (CBT) charges.
Though Judge of Appeal Andrew Phang acknowledged the “lacuna,” or gap, in the law brought to light in this case, he said the five-judge Court of Appeal would not “paper over” it.
In August last year, Deputy Attorney-General Hri Kumar Nair had argued that if allowed to stand, the High Court’s “absurd” decision would mean that “high-ranking directors … are subject to less severe punishment than low-ranking employees”.
The Senior Counsel urged the apex court to come to other “possible, reasonable” interpretations of the law to remedy the situation.
Lawyers for the six had argued this gap in the law should be filled by legislation, as it is the job of Parliament – not the Court of Appeal – to construct laws."
Lol! After all the drama n wayang n what not, the case brought by the AGC could not stick!!
It is really ironical as for the case of challenging the recently concluded "reserved Elected President", n even the case of a by-election in a GRC Member vacating her seat; the Deputu AG argued that tje "wording of the laws" does not covered these! N the judges agreed with the AGC's arguments. The government won! These 2 cases happened to be cases where a lot of people were hoping the judges would disagree with the AGC's position. Alas, too bad!!
For this CHC case, the people were hoping that the judges would agree with the government n imposed the original higher punishment as it is case of "people entrusted with authority committing a criminal breach of trust ("CBT") would be punished LESS THAN the same CBT had it been committed by lower ranking employees!!
Anyone with a common sense would hv seen the absurdity of the situation N yet, the "learned" judges (was it a split or an unanimous decision??) decided to focus on the "wording" of the laws n NOT the intention of the laws. Passing the buck to the parliament, while sounding good, is actually TWISTED as the judges r supposed to interpret the laws n not just sticking to the words!!
This 3 cases really show that something is wrong with our judges!! Too compliance when they could be less. N vice versa!! Confused lots?
Oops. M I committing contempt of courts? If so, I withdraw all comments that r in violation n apologise unreservedly.
I cannot afford a Senior Counsel that will cost me at least Sgd1 million upwards!!
ps: glad to learn that the Minister of Law will be elaborating on this consequence. He should as this bloody long trial had cost the people millions if they were paid like the defence lawyers!!
I finished in 6hrs50mins in 2015 SCMS. Worst of the 8th attempts!
My 2016 Resolutions
1 Life Long Pursuit always: - at personal level, to be a good father, husband, son, friend and human being; - at work level, to be a professional; practising the 7e Way of leaders;
2 To continue the holistic healthy lifestyle of 'eating right and exercising regularly' so as to keep the weight at 70-71kg and off HBP medication;
3 To continue to find ways to promote the 7e Way of Leaders, to generate revenue from at least 3 sources, and to get article published in established publications;
4 To continue to contribute as Volunteer Probation Officer (VPO) with the Probation Services Branch; as Senior Health Ambassador (SHA) for Health Promotion Board (HPB); and some other Volunteer opportunities.
5 To invest wiser and trade wisely to profit from an extremely challenging 2016;
6 To complete the 2016 SCMS on 04 December 2016 under 6.5hrs and raise at least S$5.9k for Singapore Cancer Society!;
7 To always has space for the Unexpected.
Have your visited the www.7eleadership.com website?
2010 Tour of Amsterdam/Brussels/Paris/Lucerne/Cologne
Family Outside Versailles Palace, France
2009 Dec Tawian Holidays
Four of my Most Important People
2008 Dec HkgMacauHolidays
HawNgee, ZJ and Jun in JAWs!
Lu's Marathon on 7 Dec 2014
I did it 6hr19sec for the 7th time!
Lu's Marathon on 1 Dec 2013
I did it in 6.16. Worst than 2012 of 6.05 and > Target of 6hrs. Still, I will take it! :-)
Lu's Marathon on 2 Dec 2012
5th Time 6.06 > Goal of 6hrs
Lu's Marathon on 4 Dec 2011
I did it again in 5hrs53min05sec!
Lu's Marathon 05 Dec 2010
I completed my 3rd Marathon - 6hrs 24mins
Lu's Marathon 06 Dec 2009
I Did It AGAIN at 6hr20mins!!
Lu's Marathon 07 Dec 2008
I Dit It! 42.195km in 5hr 53Min 34Sec. My 1st Marathon at 51+ Years Old