Independence of judges?

Some persons feel that you can never win a lawsuit against the government since the judges are appointed by the government. However, if you read previous postings, you will see instances where the government has paid compensation for its wrongful acts.

In addition, Singapore laws are drafted to protect the independence of judges. They take an oath to decide without fear or favour. In addition, the highest judges (those in the Supreme Court) have their independence protected by the Constitution (which is Singapore's highest law).

Under the Constitution, a judge cannot be removed except by a cumbersome procedure where a high powered panel of judges comes to the conclusion that the particular judge was guilty of misconduct. Furthermore, a judge's terms of appointment cannot be altered to his disadvantage. This means that a judge's salary cannot be cut just because he has decided a case against the Singapore government.

Extra strokes of cane, Dickson Tan

In 2007 and 2008, the most interesting lawsuit against the government was by Dickson Tan, a teenager who was sentenced to jail and 5 strokes of the cane. By mistake, he was given 8 strokes of the cane. This was due to errors by the Subordinate Courts and the Prisons Department.

The extra strokes constituted battery, which is a wrong (or in legal jargon, a tort) where physical force in inflicted on another person. The government, like any other person, much act within the limits of the law. Unless they can point to a statute or case law that allows them to carry out a otherwise illegal act, they can be sued by anyone who is harmed by their act.

Back to Dickson Tan. He started a lawsuit against the government. He wanted a six figure sum as compensation. However, (in my opinion) it is difficult to justify such a large amount for 3 strokes especially since he was already subject to caning and if no permanent harm was inflicted (Not sure it the last part about harm is accurate since caning of adults leaves permanent scars when the skin is broken). Finally, both parties agreed to mediation by a retired High Court judge. Mediation is a process where an independent party tries to persuade both parties to settle their dispute without having a judge decide who is right and wrong. Part of the mediation settlement might include the payment of some compensation, an apology, etc. In this case, however, the terms of the settlement were kept confidential.

cases - suit against Land Transport Authority

The Land Transport Authority had been facing a problem of inconsiderate cyclists endangering pedestrians by riding at high speed along pedestrian overhead bridges. To curb the problem, it installed cycling barriers to force such cyclists to dismount.

Unfortunately, Mr Koh Liep Hang, who was riding along an overhead bridge at Tampines one night, crashed into the barrier and became paralysed from the waist down. He sued the Land Transport Authority and its contractor who had just installed the barrier but had failed to put up warning signs or ensure adequate notice of the barrier. Later, he dropped the suit against the LTA but proceeded against the contractor. The contractor's insurer later paid $800,000 as damages.