Myth 206 - How accessible is our justice system to the poor?

The pride of our judicial system is that it is fair and just and accessible to everyone, theoretically. Everyone must have remembered the NKF cases when a few victims quietly paid up when faced with lawsuits even when they were in the right. They had to pay up, apologised and looked like a fool all because they could not afford the legal fees in a lawsuit. And there have been other cases when the victims simply weighed the cost and find it cheaper to pay and walk away than to fight it out for justice. Motor accidents must have many of such incidents. Is our legal system really accessible to the poor victims? A few who have met the criteria of being shamefully poor may be able to get legal aids and assistance. But many will not fit in. I can safely said that legal justice is available to those who can afford to pay for it or those who are so poor to qualify for aid. In the case of tort or non criminal lawsuits, it is unlikely that legal aids or assistance will be available. Correct me if I am misinformed on this. Is there anyway to make our justice system more accessible to the masses and the victims of injustice? I was reminded of the American 'contingency fee based system' which means no legal fees unless the case is won. I am still disturbed by the fact that this practice is not allowed here? What is so criminal or unjust or unfair to have such a system? Under the present system, like it or not, when a lawsuit is knocking, you have to pay up first. Be prepared to pay and hope to win to claim damages against the other party. No money you lose by default. A 'contingency fee based system' will allow the lawyers to judge a case and take on the other party when there are merits for it. This in a way can stamp the frivolours lawsuits initiated by those with deep pockets. The govt's legal aid can also provide such a service based on the merits of a case rather than on how poor is the applicant. Justice will then be available to the innocent and not innocent and poor. And the cost can be claimed from the other party. It is not necessarily a totally free service. The availability of such a service will level the floors in the public courts and also provide more businesses for the legal profession. Of course spurious and frivolous cases will be lesser as the bully will know that justice is available to the poor and innocent as well.

Time for a petition to the govt

The motorists must do something to prevent the motor insurance companies from reaping them off with the reckless increase in insurance premiums. Many motorists have clean driving records and the NCD is supposed to recognise this by reducing their insurance premium. Instead, their insurance premiums are now ever higher than before. How can this thing be allowed to go on and nothing can be done to it? Is there any govt organisation that can put a stop to this mindless daylight robbery? It is time to petition the govt for action. Innocent motorists cannot just keep quiet and let the insurance companies imposed whatever premiums they deem fit when the high cost is not due to these motorists. Can the govt agencies do something immediately? There is no point in talking cock and wasting time. Action is needed now. At least freeze the rate to last years and talk later.

Victims of ethics

Madam Chiang Meng Lee wrote to ST about her involvement in an accident which was clearly the fault of the other party and a few days later a legal letter came accusing her of being the cause of the accident. I too had such a case in the past when a reckless taxi driver swerved into my lane. And I was accused of causing the accident. This kind of tactic, to point the guilty finger at the other party cannot have come from the drivers but must come from other interested parties. Whoever offered such advice must be totally devoid of morals and ethics. The main intention is to win even if turning the table against the innocent parties. This is how dark our society has become. And if one does not have the money to engage an equally good lawyer and pay through your nose, just too bad. Be prepared to become the victim and pay for all costs, including legal cost. Yes, our judicial system is fair to all, but conditional that you have more money than the other party. Where is the ethics?

Money or your life?

This was the infamous catchphrase of the 60s and 70s when the island was infested with triads and secret societies. It was a common occurrence to find a knife at one's throat while walking alone and the phrase, 'money or your life' would threaten the intended victim. Many would just have their wallets emptied and walked away a few dollars poorer. Today, 'money or your life' has taken a new meaning. The amount is much much bigger. And the victims were not healthy people walking alone at night, but walked with a whole entourage of family members into a posh hospital. There, the extortionists were not the gangsters or triad boss but clean and sophisticated professionals armed with the best medical degrees from the best medical universities. And if the potential victim happens to be suffering from a critical illness, it is as good as hearing the catchphrase, 'money or your life' being repeated. And they are not asking for a few dollars. It can be in the hundreds of thousands, or several hundred thousands of dollars. But there is a big difference between the gangster's demand and the demand by the professionals. After paying the gangster, the victim walked away alive, though a bit shaken. In the other case, they may go home in a casket after paying the huge ransom. There is no guarantee that after paying the money asked for that his life will be safe. Money or your life, or maybe money first, then we see how it will go.

S Chips in the news for all the wrong reasons

Well, after warning about the corporate governance and trustworthiness of S Chips, finally the old media is catching up on this act. Two reports, one in the ST by Yang Huiwen and another in Today by Conrad Raj, posed the same concern about the dangers of playing with S Chips. At the rate the S Chips are turning turtle, just give another couple of them going into the rubbish dump, I think it will be enough for the investors to dump them completely. They are looking to become so wild, as wild as the days of Malaysian Clob shares. Be warn. Tread with care. We have very little control and knowledge of what is going on. For those who are not in stockbroking, S Chips refer to Chinese stocks listed here. Now the there is a new version of this which refers the S Chips to Scam Chips.