2021年6月8日星期二

My email to the Supreme Court dated Jun 7, 2021 for an appeal

 From: Yan Jun

Sent: Monday, 7 June 2021 22:43
To: 'SUPCOURT Registry (SUPCOURT)'; 'QSM_STATE (STATECOURTS) (STATECOURTS_QSM@StateCourts.gov.sg)'
Cc: AGC (AGC@agc.gov.sg); CHIA Jin Ming Benjamin (SPS, B cluster); Eng Chye Tan (uprsec@nus.edu.sg); FAISAL Bin Mustaffa (SPS, B4); Gan Kim Yong (Minister for Health); Hong Choon Chua (IMH); HOONG Wee Teck (SPF); K Shanmugam (Minister for Home Affairs); LEE Chien Earn (CGH); LOH Hong Wai (SPS, B5); Middle East Institute (contact.mei@nus.edu.sg); Nigel Tan Choon Kiat (NTU); PM Office (pmo_hq@pmo.gov.sg); QSM_STATE (STATECOURTS) (STATECOURTS_QSM@StateCourts.gov.sg); SHIE Yong Lee (shie_yong_lee@pris.gov.sg); SPF Feedback Shared (SPF) (SPF_Feedback_Shared@spf.gov.sg) ; Subra SURESH (NTU); SUPCOURT QSM (SUPCOURT); Tan Bin Kiat (SPS, B2); TAN Chun-Yuan Avryl (SPS, B3); TAN Wee Teck;
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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

(S7684361I)

 

 

 

 

 

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