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17-02-2016, 10:10 PM
An honorable member of the Coffee Shop Has Just Posted the Following:
http://www.todayonline.com/singapore...en-law-society (http://www.todayonline.com/singapore/less-intimidating-approach-should-have-been-taken-investigation-yishun-teen-law-society)
‘Less intimidating approach’ should have been taken in investigation of Yishun teen: Law Society President
SINGAPORE — The President of the Law Society of Singapore (LawSoc) has weighed in on the debate sparked by the death of a 14-year-old boy after he had been taken in for questioning, saying the police should have taken a “less intimidating way” of approaching the investigation.
Mr Thio Shen Yi also delved into the arguments for speeding up accused persons’ access to counsel, particularly for minors, in his commentary published Wednesday (Feb 17) in the latest issue of the LawSoc’s official monthly newsletter, Singapore Law Gazette — a move lawyers viewed as symbolic, given that the publication’s circulation reaches all lawyers and various government ministries.
In his 2,000-word article titled Vulnerable Suspects and Access to Counsel, the senior counsel said there is no way to know for certain why the boy in the present case fell to his death and whether this could have been prevented. But if the death “was avoidable with a better system in place, then it is one death too many”, he said.
“If (the boy) had a lawyer present to give advice during the course of the (police) interview, would things have turned out differently? We will never have certainty, but it is not impossible to imagine a different outcome, and if that is possible, then one more question: How then should we act?”
The teenager, a Secondary Three student, was picked up by five plainclothes officers from his school on Jan 26. After about two hours at Ang Mo Kio Police Division, he was brought home by his mother. Within two hours, he was found dead at the foot of his Yishun block.
Questioning if it was appropriate that the officers arrested the teenager at school during school hours, Mr Thio said in his commentary Wednesday that it is “not uncommon” for the police to contact a witness or suspect by phone to set up an interview.
Following the incident, the police said they would be reviewing their procedures on whether to allow an appropriate adult to be present during interviews with young persons.
About two weeks before the case, Mr Thio had raised the issue of access to counsel, which lawyers had been lobbying for, in his speech at the Opening of the Legal Year.
On Wednesday, Mr Thio said many on the Bar share his view that “near immediate or at worst, early access to counsel is a necessity in ensuring sustainable confidence in our criminal justice system”.
He added: “While we accept the need for effective investigations, and that it is a balance between police effectiveness and protection for an accused, this incident forces us to contemplate the potentially catastrophic cost of getting the balance wrong.”
http://www.todayonline.com/singapore...en-law-society (http://www.todayonline.com/singapore/less-intimidating-approach-should-have-been-taken-investigation-yishun-teen-law-society)
Click here to view the whole thread at www.sammyboy.com (http://www.sammyboy.com/showthread.php?225267-Law-Society-President-thio-ed-mata-garang-behavior-for-benjamin-death&goto=newpost).
http://www.todayonline.com/singapore...en-law-society (http://www.todayonline.com/singapore/less-intimidating-approach-should-have-been-taken-investigation-yishun-teen-law-society)
‘Less intimidating approach’ should have been taken in investigation of Yishun teen: Law Society President
SINGAPORE — The President of the Law Society of Singapore (LawSoc) has weighed in on the debate sparked by the death of a 14-year-old boy after he had been taken in for questioning, saying the police should have taken a “less intimidating way” of approaching the investigation.
Mr Thio Shen Yi also delved into the arguments for speeding up accused persons’ access to counsel, particularly for minors, in his commentary published Wednesday (Feb 17) in the latest issue of the LawSoc’s official monthly newsletter, Singapore Law Gazette — a move lawyers viewed as symbolic, given that the publication’s circulation reaches all lawyers and various government ministries.
In his 2,000-word article titled Vulnerable Suspects and Access to Counsel, the senior counsel said there is no way to know for certain why the boy in the present case fell to his death and whether this could have been prevented. But if the death “was avoidable with a better system in place, then it is one death too many”, he said.
“If (the boy) had a lawyer present to give advice during the course of the (police) interview, would things have turned out differently? We will never have certainty, but it is not impossible to imagine a different outcome, and if that is possible, then one more question: How then should we act?”
The teenager, a Secondary Three student, was picked up by five plainclothes officers from his school on Jan 26. After about two hours at Ang Mo Kio Police Division, he was brought home by his mother. Within two hours, he was found dead at the foot of his Yishun block.
Questioning if it was appropriate that the officers arrested the teenager at school during school hours, Mr Thio said in his commentary Wednesday that it is “not uncommon” for the police to contact a witness or suspect by phone to set up an interview.
Following the incident, the police said they would be reviewing their procedures on whether to allow an appropriate adult to be present during interviews with young persons.
About two weeks before the case, Mr Thio had raised the issue of access to counsel, which lawyers had been lobbying for, in his speech at the Opening of the Legal Year.
On Wednesday, Mr Thio said many on the Bar share his view that “near immediate or at worst, early access to counsel is a necessity in ensuring sustainable confidence in our criminal justice system”.
He added: “While we accept the need for effective investigations, and that it is a balance between police effectiveness and protection for an accused, this incident forces us to contemplate the potentially catastrophic cost of getting the balance wrong.”
http://www.todayonline.com/singapore...en-law-society (http://www.todayonline.com/singapore/less-intimidating-approach-should-have-been-taken-investigation-yishun-teen-law-society)
Click here to view the whole thread at www.sammyboy.com (http://www.sammyboy.com/showthread.php?225267-Law-Society-President-thio-ed-mata-garang-behavior-for-benjamin-death&goto=newpost).