Inappropriate to even consider RTC for Amos Yee: Teen’s lawyer

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An honorable member of the Coffee Shop Has Just Posted the Following:

By Howard Lee

The lawyer for 16-year old teenager Amos Yee has written a strongly-worded appeal to the court, saying that the judge should not have called for an evaluation for reformative training for the teen as it has never been considered in his original sentencing.

Mr Alfred Dodwell, in a letter dated today, 12 June, also said that it was inappropriate for the Attorney General’s Chambers (AGC) to submit evidence not related to Yee’s original charges, following 12 May 2015, for the judge’s consideration to send Yee to the Reformative Training Centre (RTC).

Yee has been in remand since 3 June, while an assessment is made to gauge his suitability for reformative training.

“It must be pointed out that at the earlier hearing on 12 May 2015, the issue for the court was whether Amos would even consider probation,” wrote Mr Dodwell. “For otherwise, it was whether Amos would fined for the offences and/or face a period of incarceration. There was no mention of Reformative Training, nor any discussion of RTC as an alternative sentencing consideration in this matter.”

“We would put it plainly and categorically that the reason there was no discussion on RTC is because it was evident from the outset that that (Yee’s) offence does not warrant a consideration of RTC.”

Yee was found guilty of offences relating to the Penal Code section 298, for a YouTube video he created that criticised former Prime Minister Lee Kuan Yew, and section 292 for a caricature he uploaded depicting Mr Lee and former UK Prime Minister Margaret Thatcher engaging in sexual activities.

Section 298 offences – uttering words with a deliberate intent to wound the religious or racial feelings of any person – carries a maximum jail term penalty of three years, a fine or both. Section 292 offences – including the distribution of obscene material – carry a maximum penalty of three months in jail, a fine or both.

Mr Dodwell said that on 12 May, Judge Jasvender Kaur had sought to “impress upon Amos’ parents to persuade him to consider probation”, which was also what he as legal counsel had attempted to do.

This was of the view that Yee was happy to be jailed or fined, if Judge Jasvender would consider a fine.

The Deputy Public Prosecutor had earlier told the court that imprisonment or a fine were unsuitable for Yee, because they would “not have any impact on (Yee’s) insight and self-control, and that is not tenable, because we cannot be popping back into court every other day.”

Mr Dodwell also criticised the suitability of evidence brought before the court for the consideration of Yee’s RTC sentencing.

“We would state that any events post-12 May 2015 should not be brought to the attention of the Judge if it has nothing to do with the offence in question,” wrote Mr Dodwell.

“To allow for the continuous receipt of evidence and Affidavits would mean there is no end to the amount of damage that is sought to be piled on Amos. With respect, Amos cannot be tried and re-tried on the pretext of his offending postings with unrelated postings, his views on the charge, and his views on the case.”

Mr Dodwell charged that “all of this highly prejudicial material has been placed before the Judge to seek to color her mind, influencing the court against taking a decision to give Amos the lightest possible sentence and now even ordering that Amos be placed on remand for RTC consideration.”

To put Yee’s behaviour since 12 May to 2 June would hence be “wholly unfair and unjust on Amos to be under scrutiny merely because he has chosen, unlike others, to put his views and thoughts in his personal blog.”

Mr Dodwell said that “it is our contention that the whole trial-sentencing process has been tainted” as a result of the “irrelevant and highly prejudicial material placed before the Judge”.

He also noted that the prosecution had stated at the hearing on 2 June 2015 that fresh charges might be levied against Amos for his refusal to take down the offending postings.

“If that is so, why is it now placed before the Judge?” he wrote. “So, is Amos to be punished twice for this same matter of his refusal to take down his postings? The muddling of matters is extremely prejudicial to Amos.”

Mr Dodwell also called into question the effectiveness of an RTC sentence should it comes to pass, and indicated that doing so might impinge on his rights to free speech under Article 14 of the Singapore Constitution, as he has not been found guilty for all the posts that are now under consideration for his sentencing.

Mr Dodwell also highlighted the poor treatment that Yee has been subject to while in remand at Changi Prison.

Yee was apparently not given access to the legal documents that Mr Dodwell had prepared for him and put in the care of the prison officers with strict instructions for them to be given to Yee.

He also noted the treatment that Yee was subject to that left him in “a state of depression and having severe suicidal thoughts” which was aggravated by his time spent in remand. He then told the prison officer that he was feeling suicidal.

“Regrettably, as a result of what Amos shared, Amos was taken to the prison medical facility and strapped to a bed in a medical facility for approximately one and a half days. This episode aggravated Amos’s suicidal thoughts. He was restrained with one of his hands and one of his legs strapped to the bed. Amos informed us that he could only sit up or lie down. He found it extremely difficult to urinate and defecate. He was expected to urinate into a jar at the side of the bed, which would be left there after he does so notwithstanding the pungent odors which would emanate. He had to bend down painfully against his straps in order to do so. In the said medical ward, Amos was surrounded by patients who were mentally unsound. One patient was constantly jerking against his chains and another one would talk to himself and be unresponsive to other people. Furthermore, the lights were never switched off throughout the day and was glaring into our client’s eyes such that he could hardly have any restful sleep.”

In view of this, and considering Yee’s age and time already spent in remand, Mr Dodwell proposed that an RTC sentence would be inappropriate, and for the hearing date to be brought forward.
http://www.theonlinecitizen.com/2015...-teens-lawyer/


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