THE REPUBIC OF SINGAPOO

source:  http://theindependent.sg/i-taught-you-wrong-mother-of-dead-nsf-expressed-grief-at-high-court-ruling/

“I taught you wrong,” mother of dead NSF expressed grief at High Court ruling

By The Independent -

March 4, 2016

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Ruling in the case of a full-time national serviceman who died in 2012 after an allergic reaction to smoke grenades during a military exercise, the High Court yesterday (March 3) struck out a lawsuit brought against the Singapore Armed Forces (SAF).

Besides the SAF, the family of Private Dominique Sarron Lee had also sued his platoon commander as well as the chief safety officer of the exercise, alleging negligence on their part.

Arguing that there is no reasonable cause of action and that the suit is frivolous, vexatious and an abuse of the court process, all three defendants applied to strike out the claims of the family.

Judicial Commissioner Kannan Remesh who heard the case, agreed that the defendants are indemnified from being sued for negligence for deaths and injuries if the acts are certified to be attributable to service.

The judge disagreed with the plaintiff’s argument that the dead soldiers family was entitled to claim damages from SAF for breaching its contractual duty to ensure the highest standards of training safety as there was a contract between SAF and Pte Lee.

The Judicial Commissioner further ruled that the family of the dead soldier had to pay the legal costs of the defendants.

Defence Minister Ng Eng Hen in a Ministerial speech in Parliament in 2012 agreed that safety breaches led to death of Pte Lee. He died of an allergic reaction in a training exercise after a platoon commander threw six smoke grenades, even though regulations specified no more than two grenades were to have been used.

The Minister revealed that the cause of death was certified by the forensic pathologist of the Health Sciences Authority (HSA) to be due to an “acute allergic reaction to zinc chloride due to inhalation of zinc chloride fumes”, and that the Committees Of Inquiry believed that “if the Training Safety Regulations had been complied with, PTE Lee and his platoon mates would not have been subjected to smoke that was as dense as that during the incident”.

The mother of Pte Lee has expressed her disappointment with the Court ruling in aFacebook page dedicated to the memory of the soldier. She wrote:

“My dearest Dom, my heart continues to bleed for you. It has been 3 years and 10 months since you were taken from me and still, I haven’t been able to get any closure.

Today, Honourable Judicial Commissioner Kannan Remesh ruled that I have no case against those responsible for your death – the SAF and the 2 officers who did not follow the training exercise SOP. He also ruled that I have to pay for their legal costs.

Dom, how can I possibly pay them for taking away your life? Where is the justice? It seems, the price I paid has not been enough. Your death has not been high enough a price for SAF and the 2 officers, and now, not enough for Honourable Remesh, it seems.

They must be right, of course – the judge, the ministers, the SAF and their officers. They are experts in their fields. Individuals who studied and trained for years to be in their current positions.

What do I know? I’m only a mother to two sons. I only know to love my sons, to nurture them to become young men who will do right by others, to live with dignity, decency and human compassion. What do I know? They are the experts in their fields. They must know best. They do no wrong.

Dom, in these past 3+ years, I have been worn-down, beaten and defeated by the very government I taught you to trust; worn-down, beaten and defeated by the very system I counseled you to have faith in; worn-down, beaten and defeated by the very people I advised you to respect and honor.

Dom, forgive me. I taught you wrong.”

EPIC FAIL!

From:  Metnews

Wednesday, March 28, 2012 


Judicial Council Unanimously Votes to Stop CCMS Deployment


The Judicial Council of California yesterday pulled the plug on its ambitious computer project, which was intended to electronically connect every courthouse in the state but cost taxpayers more than $500 million.



The council voted unanimously to immediately halt funding the California Case Management System, a project that was nearly 10 years in the making. Members blamed the bleak economic climate in California, saying the project is economically unsustainable while court operating budgets are being slashed.



The project was the subject of a scathing state audit and vocal criticism from a growing number of trial court judges, in particular the leadership of the Los Angeles Superior Court. Criticism became increasingly vocal as initial cost estimates ballooned from $260 million in 2004 to $2 billion today.



All-Day Meeting



The council, following an all-day meeting in San Francisco, voted to spend $8.6 million to install what can still be salvaged from the failed project. “We need to spend that to know what our options are,” said Santa Barbara Judge James Herman, a member of the council and chairman of its CCMS Internal Committee.



Chief Justice Tani Cantil-Sakauye said in a statement:



“What we do best in the judicial branch is to weigh the evidence and make reasoned and deliberate decisions,” said Chief Justice Tani G. Cantil-Sakauye. “The council’s decision to stop deployment of CCMS was responsible and prudent in view of our budget situation and the facts we gathered on the actual costs of deployment. CCMS works. Unfortunately, we don’t have the resources to deploy it.”



Interim Products



Fourth District Court of Appeal Justice Douglas P. Miller, chair of the council’s Executive and Planning Committee, said in an e-mail to judicial officers and court administrators, a copy of which was obtained by the MetNews, that the council would “continue supporting the operation and maintenance of [interim CCMS products being used in seven trial courts] and work to assist other courts with failing systems.”



Scrapping CCMS is not the end of the vision of now-retired Chief Justice Ronald M. George and others for a statewide approach to courtroom technology, Miller said.



“As significant as the decision is to end CCMS, in my view the more important decision coming out of the council meeting today is the council’s direction to develop a new branch technology vision and roadmap,” the justice wrote. He told recipients of his e-mail that Herman “will be holding meetings and soliciting your ideas for bringing California’s courts into the digital age” and said he hoped that those on both sides of the CCMS debate “will contribute to creating a new plan for statewide court technology.”



The project was scrapped after only six of California’s 58 counties received significant upgrades.



The Alliance of California Judges, which claims more than 200 members and was created because of the growing frustration over the system’s costs, called for an investigation into the $560 million already spent on the project.



Sacramento Superior Court Maryanne Gilliard, a director of the alliance, said her group was worried that the council “has not truly and completely abandoned this failed project.”



She said the cost overruns occurred because proponents had been given a blank check instead of being accountable, and that “those responsible for this debacle must be identified and appropriate action taken.”



Unfulfilled Vision



As initially envisioned a decade ago, anyone in any county could access real-time information on just about any case anywhere in the state. Lawyers would have been able to file court papers electronically and state Department of Justice officials and other law enforcement agencies could determine with a few keystrokes whether suspects in custody in one county had other restraining orders, warrants or other outstanding court actions pending against them.



The project was supposed to be the crowning achievement of George’s quest to drag the nation’s largest court system into the 21st century.



George retired at the beginning of last year, and the state’s computer court system remains a virtual Tower of Babel. The 58 counties still use a combined 70 computer systems to help mete out and keep track of justice in California, advocates of CCMS noted.



Miller said the project was scrapped “not because of the critics but because of the economic structure.” Herman said the council felt the economic climate could not support spending any more money to complete deployment.







Copyright 2012, Metropolitan News Company

kangaroo kourt: the great california shakedown

Actually, some fines for traffic infractions in California are in the $800-$1,000 range.


From the Los Angeles Times

The increase is the latest in a string of fee increases statewide and in Los Angeles, as governments turn to motorists to pay more amid budget problems. Last year, the state increased the fines for traffic tickets and used the proceeds to help renovate courthouses. The changes included a $35 surcharge on traffic tickets.
"We have so many different fees tacked on to traffic tickets and many tickets are in the $400 range now," Auto Club of Southern California spokeswoman Marie Montgomery said. "They should be paying a fine because they broke the law but it's just a question of how disproportionate this is on drivers versus other taxpayers."
Another law taking effect Saturday opened the door to a potential revenue stream for cities: allowing local agencies to install cameras on street sweepers to catch parking violators.
Assemblyman Steve Bradford (D-Gardena), who wrote the bill, said in a statement that it "is vital to keeping our waterways clean" and that ticketing more cars that block street sweepers will help.
Operators of the street sweepers won't actually issue tickets to violators. Rather, cameras on the vehicles would capture the date and time of a violation and cities would mail citations, similar to the way red-light camera tickets are issued.
Bradford said the photo tickets would "remove personnel from potentially volatile confrontations when issuing citations and allow local parking enforcement officers to focus time and efforts on more pertinent matters."

kangaroo kourt: comatose teen given jay-walking ticket in Sin City

AGAIN, A FISCALLY AND MORALLY BANKRUPT GOVERNMENT COMMITS SHAKEDOWN AGAINST CITIZENS. UNBELIEVABLE. AMERIKKKA, AMERIKKKA.

http://www.8newsnow.com/story/13789869/teen-in-a-coma-after-accident-cited-for-jaywalking

LAS VEGAS -- A 13-year-old girl is recovering after being hit by a car. The accident happened Tuesday afternoon and the girl's mother says she is in a medically induced coma. But while at the hospital, her mother was given a ticket because her daughter was jaywalking.

The accident happened at Durango and Rochelle. Takara Davis was walking home from school when she was hit. Police won't speak about the case, saying it's an ongoing investigation, but witnesses say the teen was lagging behind friends when she was crossing the street.

"Every time they come in, they say that the bleeding hasn't stopped on the brain. She's got no feeling or movement on her left side at all," said the Davis' mother Kellie Obong.

Davis is an 8th grader at Lawrence Junior High School, which is only a few blocks away from where the accident took place. Davis was issued a jaywalking citation. It was handed to her mother at the hospital.

"He said, 'Takara was jaywalking. She has got to go to court on March 6th,'" said Obong. "If she was jaywalking, then she was jaywalking. But maybe you give it to me at a later time. Don't give it to me when they are rushing her into the operating room."

A spokesperson for the Metropolitan Police Department issued a statement about how the citation was issued, saying, "Our officers conduct themselves in a professional and compassionate way. We wouldn't do anything deliberately insensitive."

Davis' mother says her daughter's jaywalking ticket is the least of her worries. For now, she is remaining by her daughter's side waiting for her to show any signs of improvement.

kangaroo kourt: when govt is desperate, they will seize assets any way they can

Even for California, this is a desperately crazy verdict.

What's next? Seizure of private properties a la Marxist governments? At least, the Marxists did it in the name of the people. California is doing in the name of the bureaucrats' exhorbitant pensions...

From the Los Angeles Met News

C.A. Rejects Claim of Mistake, Upholds $500,000 Tax Penalty

By SHERRI M. OKAMOTO, Staff Writer

The Fifth District Court of Appeal yesterday upheld the imposition of a half-million dollar real estate tax delinquency penalty against a company which had accidentally mailed its payment to the wrong place.

In an opinion by Justice Jennifer R.S. Detjen, the panel concluded that the alleged mistake by ZC Real Estate Tax Solutions Limited did not warrant relief under Revenue and Taxation Code Sec. 4985.2.

The statute provides that a penalty resulting from failure to make a timely real estate tax payment may be canceled if the failure “is due to reasonable cause and circumstances beyond the taxpayer’s control, and occurred notwithstanding the exercise of ordinary care in the absence of willful neglect.”

ZC sought cancellation of the $5,510,118.76 penalty assessed against it by the Office of the Treasurer and Tax Collector of Stanislaus County in 2008.

Company Explains

The company, which contracts with mortgage lenders to pay the property taxes the lenders have collected from mortgagees and held in escrow, alleged that it had received eight checks from five clients payable to Stanislaus County, covering the semiannual installment of property taxes for more than 4,400 properties in that county in December 2008.
An employee then placed the checks, totaling $5,510,118.76, along with a computer disc containing supporting information required by the county, into a Federal Express mailing envelope addressed to the City and County of San Francisco Office of the Treasurer and Tax Collector.

Federal Express delivered the envelope, as addressed, and the San Francisco treasurer’s office deposited the checks into its own bank accounts. San Francisco officials notified ZC Real Estate that they had received and deposited the checks on Dec. 12.
That same day, ZC attempted to send a wire transfer of $5,510,118.76 to Stanislaus County, but the payment was rejected on the basis the taxes were delinquent after Dec. 10, a statutory penalty of 10 percent of the delinquency had attached, and the wire transfer did not include this penalty amount.

Penalty Paid

ZC eventually obtained a return of the money it had erroneously paid to San Francisco and paid it to Stanislaus, along with the delinquency penalty.
The company later applied for a refund of the penalty, which the county denied. Stanislaus Superior Court Judge William A. Mayhew declined to issue a writ forcing the county to issue the refund.

Detjen noted the existence of only one case interpreting Sec. 4985.2, People ex rel. Strumpfer v. Westoaks Investment #27 (2006) 139 Cal.App.4th 1038, which rejected a “balancing of equities” approach to canceling delinquency penalties.

Based on the “Legislature’s longstanding use of the specific, multipart test set forth in the statute and the Strumpfer court’s rejection of a generalized equitable standard for relief,” Detjen reasoned that Sec. 4985.2 does not permit a court to grant relief from a penalty when a taxpayer has made an “innocent or trivial” mistake that caused the delinquency.
She noted that “[i]t is appealing to describe a $551,011.88 penalty as an unfair windfall to the county,” but reasoned “a $100 penalty on an individual taxpayer’s $1000 tax installment would not readily be characterized in the same way, even though both penalties might result from placing the tax check in the wrong envelope.”

‘Ordinary Care’
But, Detjen posited the standard for “ordinary care” and “reasonable” action by a taxpayer “are appropriately elevated when the amount at stake is not a $1000 tax installment but is, instead, a $5.5 million installment on behalf of 4,400 taxpayers” being tendered by “a professional office providing tax payment services for and on behalf of thousands of individuals.” The justice opined that “ordinary care” in such a situation, “must include a recognition of the stakes involved.”
On the record before the court, Detjen concluded ZC had not demonstrated the level of “ordinary care” required in the circumstances presented, noting that the company did not appear to have implemented any sort of quality-control procedures to minimize errors such as the one it claimed to have made.

Justices Dennis A. Cornell and Brad R. Hill joined Detjen in her decision.
The case is ZC Real Estate Tax Solutions Limited v. Ford, F059443.

Never Forget Vincent Chin!

This Fairbank Report has never forgotten Vincent and has never forgiven his murderers and the racist court that freed them... Below was our tribute to Vincent in 2006.

14 June 2006

June 19, 1982: Remembering Vincent Chin--24 Years After the Heinous Crime

Vincent Chin was slaughtered by two unwashed racist pigs in 1982. Yet, it was a fat racist pig in a judge's robe who peed on his grave with the ruling which only required the two murderers to pay the Court $780 in fee. $780 for a man's life!!!!!!

Ever since the Vincent Chin killing and the judicial ruling that justified Chin's murder, Asians in the United States have been prime targets of racial attacks. Even in Los Angeles, which is the most diverse region in the world, Asian-Americans are being physically, emotionally and psychologically abused on a daily basis. I can't recall the number of times that Asian-Americans have come up to me with trembling lips and weeping eyes to recount their personal experiences of abuse at the hands of Anglos, among others.

Not much has changed in 24 years!

# posted by The FAIRBANK REPORT @ 6/14/2006 11:13:00 AM 0 comments

kangaroo kourt: WikiLeaks's Assange Arrested for Failure to Use a Condom

Can't the authorities at least frame him on a more serious charge? Even Singapore wouldn't arrest someone for not using a condom...