Let’s look
at the judgement again, and I quote the Today paper, ‘his detention was “beyond
the scope of the power vested in the minister, which was to detain persons in
the circumstances where activities of a sufficiently serious criminal nature
threatened to or did undermine public safety, peace or good order in
Singapore”.’ If it is beyond the power
of the minister to arrest him, is it within the power of the police to arrest
him again? I am not a legal trained person so can only ask to be enlightened.
What is he
being charged now? And how long can the police detained him this time if no charges
are framed against him, the normal 48 hours? Or is the police making a
statement that the Courts of Appeal is wrong in its judgement to release Dan
Tan? Is this now a question of law, the courts interpret it one way and the
police interpret it in another way? Shanmugam
emphasized that his ministry is not challenging the court’s decision, so there is
no conflict or conflict of interest. The police will do what it thinks is right
and the court can decide what it thinks is lawful. If the first assessment or
thinking is unlawful, would this second thinking be right and lawful?
The other
big question, Dan Tan was under detention for two years, in other words ‘he was
jailed for two years’ without being found guilty of a crime but alleged to be a
master mind of an international football fixing syndicate. Not enough meh? Is this fair to this man that
has yet to be proven guilty but already guilty before being charged?
What happens
if he is finally charged and the jail sentence is one year, would the govt owes
him one year of over detention? Or if he is found not guilty, who is going to
be responsible for his more than 2 years of detention?
And now he
is being rearrested. What would his lawyer be saying or doing? When a person
commits an act that is unlawful, the person is as good as having committed a
crime. If the police detained Dan Tan for two years unlawfully, have the police
committed a crime against Dan Tan or the law?
The most
troubling issue will be the faith and confidence of the people over this
CL/TPA. How the police invoke this
provision and how often it is ruled unlawful by the court will have serious
implications on the police and the purpose of this provision. This Dan Tan case has already cast a doubt
over its use or misuse. The police must be seen to use this provision
judiciously, lawfully and not because it thinks it is the right thing to do.
This case is
getting very interesting. Some even questioned if the govt is under pressure to
arrest Dan Tan and put him behind bars. Shanmugam had categorically denied that this is so. ‘We
don’t arrest or release people based on international pressure. We do what is
right for Singapore.’ This arrest must be right for Singapore. Just make sure
it is lawful and not thrown out by the courts again. Right is one thing, a
personal judgement. We are a rule of law country and it must be lawful.