Prosecution seeks maximum jail term for Singaporean in rare National Service evasion trial

He also said that Yao cannot “by any stretch” be considered to have acted in good faith, since he had been informed of his NS liabilities from the outset by the Ministry of Defence’s Central Manpower Base (CMPB).

The judge found that the offence of failing to report for enlistment into full-time NS was a strict liability offence. This means that the prosecution needs only to prove that the act was done, and need not prove the intention.

On Tuesday, Yao first pleaded guilty to outstanding charges under the Immigration Act, before both sides argued on the overall sentence.

SENTENCING ARGUMENTS

Deputy Public Prosecutor Tay Jia En sought the maximum of three years’ jail for the Enlistment Act charge and S$3,000 (US$3,830) for the immigration offences.

He argued that the “meat” of the defence’s submissions rested on Yao acting in good faith, which the judge had already rejected. The factual premises for the submissions, therefore, must fail, Mr Tay said.

Yao was represented by Mr Sunil Sudheesan and Ms Joyce Khoo from law firm Quahe Woo & Palmer.

Mr Sudheesan said that the prosecution’s “prayer” for a jail sentence “totally disrespects” this Indonesian citizen’s desire to keep his Indonesian citizenship and, by extension, “disrespects Indonesia as well”.

He acknowledged that NS is “obviously” critical for pure Singapore citizens, but this was a very unique situation where an individual was born both Singaporean and Indonesian.

Mr Sudheesan argued that both the Ministry of Defence and the Immigration and Checkpoints Authority knew about the situation, and that “a modicum of diligence” was all they needed to take action against Yao, but “they did not do so” earlier.

He said that CMPB never once wrote to Yao after 1997, although he agreed that his client did contribute to the lack of enforcement by not going to CMPB.

“But you cannot say he was being evasive,” Mr Sudheesan added. “You cannot say he was trying to hide. You can only say that his behaviour was upfront. He travelled in and out of Singapore, he used his Indonesian passport, and he explained when he was asked.”

The defence lawyer also argued that specific deterrence in this case is “a non-issue” because Yao cannot serve NS anymore due to his age.

As for general deterrence, he asked: “Who are the like-minded offenders we’re talking about? Who before the courts have come with a dual nationality, the burden of losing an Indonesian citizenship he was born with? No one. This case stands on its own. 

“What was he to do? If (he) served, (he would) lose his Indonesian citizenship. How is that fair to him?”

In response, the prosecution said that the defence was pitching its case “too high”, because it cannot be the case that when the prosecution chooses to proceed against a citizen from another jurisdiction, it was disrespecting their laws by doing so.

“We are dealing with Singapore law, of which the accused is a Singapore citizen, and he is rightfully prosecuted for his infringement of that law,” Mr Tay said.

That Yao was a dual citizen was “irrelevant” because it was not a mitigating or extenuating factor, he added.

Mr Tay also said that this was the “most serious of serious cases we have seen” with the accused “raising matters designed to drag government agencies through the dirt” and there was “not one ounce of remorse from the accused”.

“The maximum sentence is necessary. That is all,” Mr Tay asserted.

Judge Lee said that he needed time to consider the submissions and adjourned the sentencing to May.