2021年6月24日星期四

The reply from the Supreme Court dated Jun 24, 2021 in response to my email dated Jun 7, 2021

 

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
To: SUPCOURT Registry (SUPCOURT) <
SUPCOURT_Registry@supcourt.gov.sg>; STATECOURTS QSM (STATECOURTS) <STATECOURTS_QSM@StateCourts.gov.sg>
Cc: AGC (AGC) <
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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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