[h=2]
Foreigner acquitted while local jailed in seperate molest cases[/h]
January 30th, 2012 |
Author:
Editorial
Sierkov Sergii (Photo: ST)
A Ukrainian national received a discharge amounting to an acquittal on Monday (30 Jan), after he paid the victim $10,000 to compound the three molest charges he was facing.
Sales manager Sierkov Sergii, who works in Singapore, allegedly groped a Singapore Airlines stewardess’ buttocks and breasts on three occasions on a flight from Moscow to Singapore in November last year.
The 35-year-old paid the victim $10,000 and gave an open court apology to have his case compounded.
In his apology, Sergii said that he regretted his actions and promised that he would not repeat the offence.
Under Aviation laws, technically the country where the plane is registered and the country of first arrival have jurisdiction over offences committed on the plane while in flight.
Meanwhile, on the same day (30 Jan), a cab driver was sentenced to two weeks jail for molesting his neighbour’s maid in July last year.
Tan Heng Lee, 62, was found guilty of outraging the modesty of the 32-year-old Indonesian maid in a residential unit in Tampines.
Tan went to visit his neighbour and was let into the house by the maid. While she was cooking in the kitchen, Tan approached her and hugged her from behind while touching her breasts over her T-shirt.
The maid later told the employer about the incident and was advised by her employer to make a police report. Tan was then arrested.
In court, Tan, who has no prior convictions, also regretted his actions and said that it meant to “be a joke”.
Tan could have been jailed for up two years, fined, caned or receive any combination of these punishments.
What does having a case compounded mean?
Molestation is a compoundable offence. That is, to settle a charge (without entering a conviction) between the alleged victim and the accused. Once the accused has been charged, such an offence can be compounded with the alleged victim and Court’s consent.
The composition is usually in the form of financial compensation to the victim. However, it can also be in the form of:
(a) a sincere apology to the alleged victim,
(b) an undertaking not to repeat the offending behaviour, or
(c) even the Accused performing a charitable deed such as making a donation to charity.
The Court is likely to grant consent in cases where public interest does not figure strongly. Similarly, where the parties are close to each other, the Court is also likely to grant consent, especially if it was a minor incident.
Where public interest is involved, the Court is likely to be slow to grant consent especially when the Public Prosecutor objects. For instance, it would not be out of order for the Court to withhold consent in cases involving road bully, outrage of modesty and maid abuse. Once the composition is executed, the accused is acquitted from the charge.
Source: http://app.subcourts.gov.sg/Data/Files/File/criminal_faqs_composition.pdf