From: SUPCOURT QSM (SUPCOURT)
[mailto:SUPCOURT_QSM@supcourt.gov.sg]
Sent: Thursday, 24 June 2021 09:17
To: medp1128@hotmail.com
Subject: RE: Request for an appeal
Dear Mr Yan Jun,
We
refer to your email dated 7 June 2021 addressed to the Supreme Court and State
Courts where you had requested for a rehearing for HC/CM 15/2021 and the
Discharge Amounting To An Acquittal Order.
2
We note that the State Courts had informed you on 29 April 2021 that it was
unable to accept your Notice of Appeal against sentence and conviction as there
was no conviction or sentence which you may appeal against. It had on 31 March
2021 granted a Discharge Amounting to an Acquittal in relation to charge number
MAC-908864-2020 on the application of the Prosecution. You were therefore
neither convicted nor sentenced in relation to MAC-908864-2020.
3
As for your request for a rehearing for HC/CM 15/2021, the Supreme Court had
informed you on 19 April 2021 that during the hearing for HC/CM 15/2021 on 5
March 2021, you had confirmed that you had filed a Notice of Discontinuance and
would not be proceeding with the appeal. We also informed you that should you
wish to apply for a re-hearing of the case, it will have to be done via the
filing of the relevant applications before the Court in accordance with the
law, and not by way of a letter. To date, the Supreme Court has no record of
your request for a re-hearing of HC/CM 15/2021.
4
As we have nothing further to add to what has already been conveyed to you,
please note that we will not be corresponding with you further on these issues.
Best regards
Julie Sim
Quality
Service Manager
Supreme Court
From: Yan Jun <medp1128@hotmail.com>
Sent: Monday, 7 June 2021 10:44 pm
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Subject: Request for an appeal
Dear the
Court,
I refer to
the 3 offences that the police formally bought against me in court on
Nov 4, 2020. After finished serving my sentence on Jun 3, 2021,
I was discharged from prison after getting a remission order.
Now I still wish to appeal against two judges’ decisions including a DATA, or a
Discharge Amounting To an Acquittal.
The
Notice of Appeal filed on Feb 5, 2021
On Jan 29,
2021 I was convicted of the first 2 charges. I filed a Notice of Appeal on Feb
5 through the Sentence Management Branch (SMB) of the prison. On Feb 8, I filed
a Criminal Motion (CM) seeking a personal bond pending appeal so I could be
bailed out on my own recognizance. An affidavit setting out the grounds of my
application was passed along with the CM. On Feb 10, I received a letter from the High Court saying the
hearing date was Mar 5, 2021.
While
required to submit skeleton submissions by Feb 18, I decided to put on it
“please check my affidavit filed on Feb 8 for details”. Deputy Superintendent
(DSP) Mohd Taufik from SMB agreed to come take my submissions at Institution B1
on Feb 11 before 1pm.
However,
DSP Chen Cong Yi and Rehabilitation Officer (RO) Teng Pang Ann in B1
deliberately stopped me from preparing the submissions by steadfastly refusing
to issue a pen to me on the morning of Feb 11. On the one hand, DSP Chen
strongly persuaded me not to prepare the submissions because DSP Taufik
wouldn’t come to B1 due to half day working arrangement on Feb 11, or the
Chinese New Year Eve. On the other hand, he and RO Teng informed DSP Taufik not
to come to B1 because I hadn’t completed my submissions.
On Feb 15,
DSP Taufik came to my cell to collect my document, and I subsequently
discovered DSP Chen’s trick. DSP Chen insisted that he merely forgot to issue
me a pen. On Feb 18, I submitted an additional submission to the High Court and
set out in it the malice that the prison authorities had towards me. To my
surprise, Supt. Tan Wee Teck, the person in charge of B1, filed an affidavit
denying my allegations against B1.
On Feb 25,
I received the Prosecution’s submissions.
On Mar 6 in the psychiatric ward in B1, I received a letter from the High Court dated Feb 25 in
which the Prosecution was required to reply to my additional submission before
Mar 3. On Mar 8, or 3 days after the hearing date, the Prosecution delivered their response
to my additional submission including Supt. Tan We Teck’s affidavit on behalf
of Singapore Prison Service. On Mar 10, I wrote to the High Court for a
re-hearing on the ground of procedural injustice, or the fact that the DPP had
failed to comply with the Court’s order to provide me with their submissions
before Mar 3. On Mar 18, I wrote the 2nd letter to the High Court
for a re-hearing. On May 26, I received a letter from the High Court dated Apr 19 in which the Court
explained that they “had no record of your request for a rehearing of HC/CM
15/2021 as indicated in your letter".
The
Notice of Appeal filed on Apr 1, 2021
On Apr 1, I
filed a Notice of Appeal and a CM after the Prosecution unexpectedly dropped
the 3rd charge on Mar 31. On Apr 9, I received a letter from the State Courts dated Apr 6 saying that the
Court was not in a position to accept my appeal because I was neither convicted
nor sentenced. On Apr 12, I requested SMB to file a Notice of Appeal against
judge’s decision instead of the conviction and the sentence. On Apr13, DSP Chen
directed me to write a letter to the State Courts because SMB refused my
request to file the appeal. On May 26, I received a letter from the State Court dated Apr 29 in which the Court
claimed that an accused person has no right to appeal against a DATA
order.
On Jun 2,
DSP Chen required me to submit all my documents for a pre-release screening.
After the documents were sealed in a plastic bag, DSP Chen claimed that he
didn’t take anything away. On the afternoon of Jun 3, I found that a copy of my
skeleton submissions submitted on Feb 15 and Feb 18 were missing. My statement
made on Mar 2 regarding my intention not to attend the CM hearing on Mar 5 was
also missing.
My
request to the prison authorities
I would
request Commissioner Shie Yong Lee to direct DSP Chen Cong Yi to return all my
court documents confiscated by him on Jun 2 as well as all my letters sent to
the Supreme and the State Courts.
B1
management has always encouraged me to give feedback but not complaints to the
Commander, the Commissioner or even the Prime Minister’s Office. I am very sure
that Supt Tan Wee Teck has routinely dealt with my feedback/complaints on
behalf of the higher authorities including PM Lee Hsien Loong. He most probably
is the only senior prison officer who has routinely made orders in the name of
his supervisors including Commander Benjamin Chia. Since Feb 3 when I was
transferred to B1, I have written to the Commissioner 5 letters or so including
one letter dated Apr 24, 2021 against Dr. Yim Sit Wai over his integrity and
incompetence. I would appreciate it if the Commissioner can look into my
numerous complaints and give me a reply.
My
request to the State Courts and the Supreme Court
I request
for an appeal against two judges’ decisions so their mistakes can be
corrected.
Thank you.
Regards,
Yan Jun
(S76843XXX)
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