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MINDEF blames deceased soldier instead of accepting responsibility

zeddy

Alfrescian (Inf)
Asset
Here is the inside track. I do however acknowledge and accept that many in this forum will treat this as speculation, gossip and conjecture unless it is officially published in the Toa Payoh Brothel press and tangible evidence presented directly at their doorstep.

1. Mindef has been successfully sued before by the families of NS men and I am referring to cases where the families have not accepted settlement. Compensation have been increased substantially by the High Court as a result including one case where a soldier was found unconscious and now remains in a vegetative state but the circumstances leading to it remains a mystery to this day (no evidence of Mindef wrong-doing but it occurred while in their care). So not sure why the so called legal eagles here are offering views that seems misplaced at best.
2. No public servant is above the law and the state has prosecuted them for all sorts of matters including negligence over the years. Hendon Camp death, multiple deaths from Naval vessel collision with cargo ship, death of Guardsmen from premature release of rappelling etc have led to AG prosecuting them successfully and the cases were handled by the Police.
3. Mindef like the Government is at their usual best, omitting material fact and that half baked general is making matters worse. If they can call flood ponding, you know the rest.
4. This family is very unusual and I am being kind here. From the onset, their demands have been all over the shop and people dealing with them believe that someone is stirring the pot and this may not be in the interest of the family. They want the Minister to personally apologise and Mindef pay for the tomb. I suppose they next want Tony Tan to lead the funeral band in full state regalia and twirling baton. They also want Mindef to state a figure but they themselves do not want to state a figure. Claims that he is going to be the future goalkeeper for Singapore has been bandied around after his schoolboy sprinting potential was overshadowed by others and therefore his net worth ....etc etc. In their Facebook, they mentioned that they are not after money and no intention to crucify the 2 Capts. Then what the hell do they want exactly.
5. Going to Chee is their biggest mistake. It also lends credibility to the original suspicion in some quarters that this was politically motivated and the family is mere pawns.
6. Someone sensible should point to a decent experienced lawyer whose has history in this and start re-negotiation and sue for high compensation thru the courts. The additional money can pay for the tomb if they prefer.
7. It should be noted that the Malay Captain has volunteered to waive the $6000 and will bear the legal charges himself. I am sure he knows that he made an error, underwent the trauma of a disciplinary process, records marked more or less for life yet found it in his heart to make the gesture. Short of he giving his life, i am not sure what else he can do.

Welcome back Scrooo!!!!! Finally normal service has been resumed! New version of Tales from The Istana pls...
 

chuachinsengjason

Alfrescian
Loyal
There's no need to preface each of your post with any self-serving, pre-emptive crap. Just state what you want to state.

Just because it is proclaimed by you as coming from your self-proclaimed "inside track" does not make it any less of a "speculation", "gossip" or "conjecture" in which the inaccuracies cannot be pointed out, bullshit cannot be highlighted, the veracity queried or the POV questioned by any forummers or anyone else for that matter.

Thanks.

PTADER you are disrupting the thread I am reading.
Please fuck off, go suck kenneth lanjiao Reform fucking Party.
You not happy put time and place and bring your Ah neh
mother and sister along. Shitskin.
 

GoldenDragon

Alfrescian (Inf)
Asset
Welcome back Scrooo!!!!! Finally normal service has been resumed! New version of Tales from The Istana pls...

Someone is upset. Hahahahaaaa ........ Noticed he wasnt in forum last night and strangely that kopi or meng bugger who desperately wanna to suck my cock. Both absent means what? Clones is it?
 

jw5

Moderator
Moderator
Loyal
Welcome back Scrooo!!!!! Finally normal service has been resumed! New version of Tales from The Istana pls...

It's a wonder what botox can do to rejuvenate the dead, it's not just useful for growing a moustache. :biggrin:
 

yahoo55

Alfrescian
Loyal
http://www.theonlinecitizen.com/2016/03/sdp-section-14-govt-proceedings-act-must-go/

SDP: Section 14 of the Govt Proceedings Act must go

March 9, 2016


The Singapore Democratic Party (SDP), in its latest statement penned by its Secretary-General, Dr Chee Soon Juan, calls upon the Singapore Government to remove Section 14 of the Government Proceedings Act (GPA).

The party states that this law unfairly protects the government from being held accountable and “makes no moral sense”.

The press statement by SDP in full


After having met with Dominique Lee’s mother at her request, the SDP is of the view that the case must be reviewed particularly in regards to the Government Proceedings Act (GPA).

According to media reports, the High Court ruled against Dominique’s family, citing Section 14 of the Act that “Nothing done or omitted to be done by a member of the forces while on duty as such shall subject either him or the Government to liability in tort for causing the death of another person, or for causing personal injury to another person, in so far as the death or personal injury is due to anything suffered by that other person while he is a member of the forces…”

The law makes no moral sense. It unfairly protects the government from being held accountable. When the State requires citizens to perform a duty, it cannot declare itself to be free of responsibility and accountability especially when those citizens’ are harmed as a result of its, or its officers’, negligence. This creates moral hazard.

In Dominique’s case, the family is seeking moral restitution. The government, not just the Singapore Armed Forces, has a duty to honour the sacrifice that the soldier has made and assuage the pain that his family has had to endure.

It is inexcusable for the PAP government to hide behind Section 14 of the GPA and absolve itself from its responsibilities over the incident.

Now that this law has come to the public’s attention, which parent would not be nervous about entrusting their sons to the Ministry of Defence knowing that if an incident similar to the one that robbed Dominique from his family were to occur, the PAP would invoke the GPA and not take responsibility? Which NS man will not feel aggrieved that the government is taking such an unjustified stance when he is called to risk his life in defence of this nation? What does this law do to the morale of our troops and, by extension, how will it jeopardise the national security of our country?

We. the citizens of Singapore, will defend our nation and, if need be, give our lives to protect it. But when we do, we would like to know that our government is there with us. And when our lives are taken, we want our government to shed that silent, compassionate tear and to comfort our loved ones and tell them that we did not die in vain.

But it is beyond demoralising when we see this Government take cover behind a law that it crafted to say that it cannot be held accountable if and when we are killed in the line of military duty.

We all know that in this imperfect world mistakes are made. Failures and accidents in the military are a fact of life. Singaporeans are not unreasonable to expect that the Government do everything perfectly.

But when things go wrong, we expect our leaders to – unprompted and without reluctance – step forward and take responsibility. They need to be forthright and transparent with their handling of the aftermath and dedicate themselves to ensuring that the incident does not happen again. In other words, to be accountable.

Dominique’s family cannot get him back no matter what it says and does. His mother has live to with her pain for the rest of her life like only a mother will. Is sorry such a hard word for the PAP to say to her?

For the sake of the nation, Section 14 of the GPA must go. A government that cannot feel compassion for its people cannot make good laws for good laws come from a caring heart, not just a calculative head. The least that our brave and loyal young men deserve is the highest standards of accountability from the government. Section 14 diminishes that accountability.

Chee Soon Juan
Secretary-General
Singapore Democratic Party
 

PTADER

Alfrescian
Loyal
2. No public servant is above the law and the state has prosecuted them for all sorts of matters including negligence over the years. Hendon Camp death, multiple deaths from Naval vessel collision with cargo ship, death of Guardsmen from premature release of rappelling etc have led to AG prosecuting them successfully and the cases were handled by the Police.

That's the crux of the problem, that those two were not charged due to the claim that the "acute allergic reaction to the smoke grenades thrown by the Platoon Commander was not reasonably foreseeable". " It's sheer common sense that the more intense the smoke, the more hazardous it will be, never mind whether one is allergic to zinc chloride. That's why a whole lot more of hay fever occur in spring when more pollen is released than in any season.

Wait for the next smokeout by the Indonesian and let's see whether the dumb coroner and general can or can't tell how safe or how hazardous it will be.
 

PTADER

Alfrescian
Loyal
4. This family is very unusual and I am being kind here. From the onset, their demands have been all over the shop and people dealing with them believe that someone is stirring the pot and this may not be in the interest of the family. They want the Minister to personally apologise and Mindef pay for the tomb. I suppose they next want Tony Tan to lead the funeral band in full state regalia and twirling baton. They also want Mindef to state a figure but they themselves do not want to state a figure. Claims that he is going to be the future goalkeeper for Singapore has been bandied around after his schoolboy sprinting potential was overshadowed by others and therefore his net worth ....etc etc. In their Facebook, they mentioned that they are not after money and no intention to crucify the 2 Capts. Then what the hell do they want exactly.

What's so "unusual" about the family seeking justice???? Who is so "stirring the pot"? They can't think for themselves and seek justice? It's called "seeking accountability", a concept that should not be too foreign to you or anyone else.


5. Going to Chee is their biggest mistake. It also lends credibility to the original suspicion in some quarters that this was politically motivated and the family is mere pawns.

For fuck sake, get over your obsession with Chee. This happened more than 3 years ago in April 2012. You mean CSJ patiently waited for almost 4 years, squandered the opportunity to raise this issue last year during the Sep 2015 election only to now, in March 2016, gleefully pounce on it after the mother e-mailed him 3-4 days ago and requested to see him???

Are those "some quarters" residing in your head next going to claim that the mother's e-mail was crafted by CSJ???

Let's be honest. Does this fucking shit that you have posted make sense or is even logical to you?
 

Leongsam

High Order Twit / Low SES subject
Admin
Asset
That's the crux of the problem, that those two were not charged due to the claim that the "acute allergic reaction to the smoke grenades thrown by the Platoon Commander was not reasonably foreseeable". " It's sheer common sense that the more intense the smoke, the more hazardous it will be, never mind whether one is allergic to zinc chloride. That's why a whole lot more of hay fever occur in spring when more pollen is released than in any season.

Wait for the next smokeout by the Indonesian and let's see whether the dumb coroner and general can or can't tell how safe or how hazardous it will be.

This whole charade is getting really ridiculous. So there was a bit too much smoke and some asthmatic soldier who had tried to hide the severity of his condition kicked the bucket so what is the freakin' big deal????

People die for all sorts of reasons and life goes on and the world continues to revolve. Let's put this in perspective and realise that soldiers are at risk of dying no matter which army they serve. That's what soldiering is all about.

we should put this behind us and move on.
 

mojito

Alfrescian
Loyal
If I wrote the guidelines it would read... "sufficient smoke grenades to be thrown in order to provide cover and concealment".

When it came to caning it would be. "sufficient strokes so that the bastard will never dream of offending ever again".

Nothing is black and white in this world. It's all about making judgement calls. That's what separates humans from computers.

That what i have been saying all along. Officer knew what he was doing. TSR is simply a non-binding guideline to help young newly commissioned officer or nco judge the actions to be taken based on circumstances. Not about the officer at all.

MINDEAF lied and likes to keep things under wraps because ultimately the organization is regarded as the tortfeasor under the commoner law yes? Scholar general wants to save a few bucks by invoking an ancient clause section written to exempt the org from liabilities. Wrong move lah. Pantry free flow does not mean you can take and take without people noticing. A thing some people will never understand. :rolleyes:

Better just do away with the section because you never know how silly some top brass can be until they open their mouths.
 
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PTADER

Alfrescian
Loyal
6. Someone sensible should point to a decent experienced lawyer whose has history in this and start re-negotiation and sue for high compensation thru the courts. The additional money can pay for the tomb if they prefer.

Hasn't the family already done that and had their suit thrown out by the High Court????

7. It should be noted that the Malay Captain has volunteered to waive the $6000 and will bear the legal charges himself. I am sure he knows that he made an error, underwent the trauma of a disciplinary process, records marked more or less for life yet found it in his heart to make the gesture. Short of he giving his life, i am not sure what else he can do.

The thick-skulled wasn't as thick-skulled when he applied to strike out the claim on the grounds that "there is no reasonable cause of action and that the suit is frivolous, vexatious and an abuse of the court process".

Does this seem even remotely repentant to you? Or is your definition of repentance one of people who have caused deaths through their own negligence waiving the legal cost awarded to them?
 

winnipegjets

Alfrescian (Inf)
Asset
This whole charade is getting really ridiculous. So there was a bit too much smoke and some asthmatic soldier who had tried to hide the severity of his condition kicked the bucket so what is the freakin' big deal????
Safety regulation states 2 smoke grenade. Officer decided to use 6 smoke grenades ...that is 3X more. Let say ah, you are given 3X more radiation in your treatment, you die ...is the hospital wrong?
Second, he didn't hide his condition ...he is asthmatic and his record has it.
MINDEF can't see right from wrong, that's the problem.

People die for all sorts of reasons and life goes on and the world continues to revolve. Let's put this in perspective and realise that soldiers are at risk of dying no matter which army they serve. That's what soldering is all about.
We didn't volunteer for NS; we were forced into it. So, we expect better than to be treated like a pile of shit.

we should put this behind us and move on.
The famous PAP phrase.
 

winnipegjets

Alfrescian (Inf)
Asset
Not uncommon as I have seen such sadistic buggers in the army who likes to vent their anger on the poor recruits

As parents we must put our feet firmly on the ground to protect our son..

In my case, my son called when he was forced to carry two heavy load of jelly can..
He has back problem. This happen in his first week of basic training..The over enthusiastic sergeant
made him do this..How can I let another person to ruin my son"s life for his mis-judgment or moment's folly.??

I spent the next 2 hours calling his camp...MO, Platoon commander and CO telling them.. I DO NOT WANT THEM TO SEND MY SON BACK ON A WHEELCHAIR..

He was then graded PES C and did clerical work for his NS stint.

Now he leads a normal life instead on being in a wheel-chair...

You truly love your son, unlike many sinkees who do nothing while MINDEF treats them like shit.
 

winnipegjets

Alfrescian (Inf)
Asset
You throw a smoke grenade and it lands 21 metres away from another grenade. After billowing smoke for a couple of seconds it starts to roll down a small slope and the separation is now 19.5 metres but the grenade continues to discharge it's contents. What happens? Exercise cancelled and all report to medical centre??
If that is required to keep our soldiers safe during training, that is the right thing to do. There is NO need for death in training.

No wonder the army is a joke. Fucking sinkies are so scared of dying they shouldn't leave their homes. :rolleyes:
It is just forced slavery ...why should one die doing something that you didn't want to do?
 

GoldenDragon

Alfrescian (Inf)
Asset
Safety regulation states 2 smoke grenade. Officer decided to use 6 smoke grenades ...that is 3X more. Let say ah, you are given 3X more radiation in your treatment, you die ...is the hospital wrong?
Second, he didn't hide his condition ...he is asthmatic and his record has it.
MINDEF can't see right from wrong, that's the problem.


We didn't volunteer for NS; we were forced into it. So, we expect better than to be treated like a pile of shit.


The famous PAP phrase.

Absolutely agree and I am with you on this.

Lost to Nashville's Predators 4-2?
 
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