Below is a
letter by Felicia, a mother who lost his son in National Service during an
accident. She went to court to sue the officers and SAF for negligence but the
case was thrown out as there is a law that says officers/men of the SAF cannot
be sued. Here is the law.
‘Section 14
of the Govt Proceedings Act precludes a serviceman from commencing any action
in tort arising from any (and all) negligence during their active service,
against the SAF.’
Taking this
act literally, and now a court judgement, the SAF and its officers/men are
above the law. If they killed or maimed anyone out of negligence, they cannot
be sued. My God, I thought only an emperor or a dictator is above the law.
Would such an act compromise the standard of professionalism. safety and the
lives of soldiers in the SAF when officers/men think they are immuned from the
law and thus acted less diligently?
Now we have
a mother crying desperately for justice. The SAF said they have compensated her
with $50,000 which some commented could not even buy a COE for a car. How much
did the mother and many mothers paid to raise a child, and the pain and aches
and love cost? $50,000, that’s all? Ok, sorry to make this comment. Please
don’t ask me how much I want or think should be enough.
Read the
mother’s letter and keep quiet. Do not say anything or express your grief,
compassion, empathy for the mother. It did not happen to your loved ones so let
it pass. It happened, let’s move on. The law that provides for the SAF and its
officer/men to be above the law shall remain. Would they even think of a COI to
review this law like the Benjamin case?
My dearest
Dom, my heart continues to bleed for you. It has been 3 years and 10 months
since you were taken from me and still, I haven’t been able to get any closure.
Today,
Honourable Judicial Commissioner Kannan Remesh ruled that I have no case
against those responsible for your death – the SAF and the 2 officers who did
not follow the training exercise SOP. He also ruled that I have to pay for
their legal costs. Dom, how can I possibly pay them for taking away your life?
Where is the justice? It seems, the price I paid has not been enough. Your
death has not been high enough a price for SAF and the 2 officers, and now, not
enough for Honourable Remesh, it seems.
They must
be right, of course – the judge, the ministers, the SAF and their officers.
They are experts in their fields. Individuals who studied and trained for years
to be in their current positions. What do I know? I’m only a mother to two
sons. I only know to love my sons, to nurture them to become young men who will
do right by others, to live with dignity, decency and human compassion. What do
I know? They are the experts in their fields. They must know best. They do no
wrong.
Dom, in
these past 3+ years, I have been worn-down, beaten and defeated by the very
government I taught you to trust; worn-down, beaten and defeated by the very
system I counseled you to have faith in; worn-down, beaten and defeated by the
very people I advised you to respect and honor.
Dom,
forgive me. I taught you wrong.
Felicia
An article
on the above is posted in TRE.