justice
Showing posts with label justice. Show all posts

Thursday, September 17, 2020

What Went Wrong?

 

One of the most interesting things about watching politics in Singapore is trying to decipher cryptic messages. This was first brought to my attention sometime in 2005 when the then President SR Nathan was contemplating his second run for office. He started out by announcing that he was old, in ill health and wanted to live out his days without the stress of being in the Istana. A few weeks later, he was asked the same question and he gave a cryptic reply of “Ask God,” and God promptly sent him back to the Istana for another six years. It was a former editor-in-chief of the Today newspaper, who recounted this incident to me and he said, “In Singapore, there’s only one God.”

Tonight, I was reminded that we’ve had another great cryptic line, which came from our law and home affairs minister (in Singapore there is no conflict of interest between the law maker and law enforcer) at the end of the Parti Liyani trial. Mr. K. Shanmugam said, “something has gone wrong.” The report can be read at:

 https://www.channelnewsasia.com/news/singapore/parti-liyani-changi-airport-group-chairman-maid-shanmugam-13091378

While most of us (politicians being in the minority) saw that something was clearly wrong, the question was put to me – “Would he have said something has gone wrong if the appeal had failed and the maid went to jail?”

I’d like to think better of the minister, but I’d probably be wrong. Had Ms. Liyani been convicted, nobody would have made a sound. Sure, the internet would have been ablaze with tales of how screwed up life is for poor domestic workers but eventually things would have died down and people would have shrugged and moved on with their lives. Liew Mun Leong would still be contributing greatly to the country by collecting an outsized pay cheque and the majority of middle-class Singaporeans would probably the relived by the fact that the foreign domestic worker population understood their place in the scheme of things.

That didn’t happen. Liew Mun Leong’s friends have been busy rushing to remind us that he’s done a lot (without mentioning that he was paid a lot) for the country and the man in charge of the justice system (both upholding and enforcing it) has become very busy trying to find out what went wrong.

The question for many of us is what does the man in charge of making and enforcing laws believe what went wrong. My cynical friend said that the main thing that went wrong was the fact that a maid earning $600 a month refused to be brow beaten into knowing her place in the system and a judge found that she had facts as opposed to the multimillionaire former CEO who had reported her to the authorities.

I’d like to be more optimistic and believe that our minister in charge of the police and the courts is very keen as to how the police felt that it was OK for them not to take evidence into custody and allowed the Liew’s to use materials in the boxes where the “stolen” goods were supposed to be kept. I would like to think our minister running our justice system would be interested in how a district judge felt that an unreliable witness was as credible as a rock.

So, the question remains – what went wrong and what is that wrong that the Minister is keen to discover. I’d be grateful if someone would tell me that I’m right and my friend is wrong about the Minister’s focus on what went wrong.    

Wednesday, September 09, 2020

How Cheap Can You Get?

 It’s often said that you can tell the nature and quality of a society by the way it treats its most vulnerable and I’m glad to say that Singapore’s High Court proved Singapore’s value as a society on 4 September 2020 when it acquitted Ms. Parti Liyani, an Indonesian maid who had been accused of theft and had previously served sometime in jail. Ms. Liyani was the maid of Mr. Liew Mun Leong, Chairman of Changi Airport and one of Singapore’s most prominent businessmen.

The facts leading to her acquittal can be found in the written judgement by Justice Chan Seng Onn at:

https://www.supremecourt.gov.sg/docs/default-source/module-document/judgement/-2020-sghc-187-pdf.pdf?fbclid=IwAR3V7PRkM0gLerbuA36cLiAt_rsmPavCCwqGgx-2SKU7Dznw5OxN9Hr6jvY

In many ways the judgement reads like the plot of a Korean Drama and exposes Singapore’s institutions as being, well pliable to the whims of the rich and powerful. The police in particular come out looking exceedingly bad. One of the most obvious points recorded in the judgement is the fact that the police allowed the Liew family to use items in the boxes where some of the allegedly stolen items were kept. If you have watched enough shows on TV, you’ll know that this is clearly wrong.

Then there was the fact that Ms. Liyani, who is not conversant in English (one of the reasons why Indonesian maids are paid less than their Filipina counterparts) was questioned in – English and that was translated for her in Bahasa Melayu when her native language is Bahasa Indonesia. While Malay and Indonesian are similar, there are significant differences in the mean of various words – significant enough for misunderstandings to occur in legal situations. Nobody bothered to inform Ms. Liyani that she had the right to have a Bahasa Indonesia interpreter present.

Then there’s the role of Mr. Liew Mun Leong and his family and that is perhaps the biggest tragedy. Mr. Liew was once one of Singapore’s most respected businessmen. In many ways, he’s what you’d call the type of business hero that Singapore needs. While his is not quite the rags to riches story, he didn’t come from an elite school (Queenstown Technical) and he worked his way up. He is one of those very rare creatures. A Former civil servant who succeeded in the private sector and it’s not just Singapore that recognised his achievements. On 12 September 2017, Mr. Liew was conferred the rank of Knight in the French Legion of Honour (Chevalier de la Légion d’Honneur) for his contributions to the French economy. More can be found at:

https://sg.ambafrance.org/Changi-Airport-Group-Chairman-Mr-Liew-Mun-Leong-awarded-with-the-Legion-of

Yet, when you read the efforts that he went through with his family to effectively stiff a maid earning something like $300 to $600 a month (Ms. Liyani started out on $300 a month and they doubled her pay towards the end of her service), one can’t help but feel that Mr. Liew has shown himself to be nothing more than a power hungry ghoul and you’re left wondering if Mr. Liew’s previous achievements were really due to anything more than the ability to peddle influence?

 One of the most striking points against Mr. Liew is the fact that he got his maid to work for his son in addition to himself (she had to clean his house, his son’s house and office). This is against the rules, though there are families who get around this by compensating the maid. Well, to be fair to Mr. Liew, he did compensate her to the princely sum of a few bucks a month, which he allegedly took his time to pay.  

Mr. Liew is not the only businessman who has proven to be an arsehole. Steve Jobs and Bill Gates were notoriously temperamental bosses and both Jeff Bezos and Elon Musk have been known to be jerks. However, while these men may have been difficult to work with, there is no record of any of them going all out to destroy someone so much lower on the proverbial social scale.

At one stage, Mr. Liew was making around $5,000,000 a year. In 2007, his bonus was over S$20 million. A summary of where Mr. Liew ranks of the pay scale can be found at:

http://www.sandboxadvisors.com/singapore-jobs-news/ceo-salary-singapore


If you read the judgement, you’ll realise that the Liew family put in quite a bit of effort to get Ms. Liyani locked up. Think about it, a man who helms big companies and earns at least $5,000,000 a year went out of his way to “fix” a maid earning $7,200 a year (based on Ms. Liyani’s maximum salary of $600 a month).

I stress that Ms. Liyani should not have gotten free pass if she had stolen things. However, based on the evidence as laid out in the judgement (this is a court judgement not an editorial piece), it is very clear that the Liew family conspired to frame a maid who had served them loyally for nine-years (she was accused of stealing a DVD player that didn’t work).

What makes this worrying is that once the verdict came out and Ms. Liyani was acquitted, the powers that be proceeded to rush to defend Mr. Liew. One of the worst defenses came from that bastion of business transparency – Temasek Holdings, which bleated on about how Mr. Liew had contributed so much and the public should hear his side of the story. The report can be found at:

https://www.todayonline.com/singapore/cag-chairman-liew-mun-leong-has-contributed-spore-public-should-hear-his-side-story

Not to be outdone, the government lead by it’s least conflicted minister, Mr. K Shanmugaratnam (Minister for Law and Home Affairs – somehow there’s no conflict between the law maker and the law enforcer) proceeded to give a spiel about how there was not to be a witch hunt and the government would look into what went wrong:

https://sg.news.yahoo.com/government-to-deal-with-what-went-wrong-in-prosecution-of-cag-chairman-liew-mun-leongs-maid-k-shanmugam-073314380.html

One cannot help but want to scream at officialdom for being “tone deaf,” and ask if the ruling party really wants to lose more seats. Sure, Mr. Liew has been a very successful businessman but that cannot distract us from the fact that he and his family have been guilty of several offenses that have been exposed in open court. By rushing to defend him, it gives the impression that the government is only interested in protecting one of its own, which is the very thing that Singapore tells the foreign investment community it does not do.

The Prime Minister needs to reign in his wife and ministers. A bit of distance from Mr. Liew would help. He should look no further than predecessor who distanced himself from TT Durai of the National Kidney Foundation in 2005. There, the government had the sense to realise that Mrs. Goh’s peanut remarks were unhelpful and nobody rushed to defend Mr. Durai when his misdeeds were uncovered.

While Mr. Liew and the government don’t emerge looking good from this entire saga, I believe that the incident shows that there is hope. There is hope that civil society groups like HOME (which supported Ms. Liyani) exist. These organisations provide some hope for the least of us.

It’s also encouraging that there are lawyers like Anil Balchandani the Managing Proprietor of Red Lion Circle Advocates and Solicitors, who worked tirelessly and for free to see that Ms. Liyani got some justice.

Lastly, there is the man that all Singaporeans need to be grateful for – Justice Chan Seng Onn, who weighed the evidence carefully and looked at the circumstances in a fair and impartial manner. He was not swayed by the influence that Mr. Liew had in the business community, ruled according to the evidence and even went as far as to commend Mr. Balchandani for representing Ms. Liyani so effectively.

Justice Chan has given hope to Singapore by showing that there is a possibility of receiving fairness from the system and for the powers that be who might condemn fairness as an airy concept, they would do well to remember that foreign investors like places where there is rule of law rather than rule of personality.     


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Maira Gall