DODWELL + CO 32.ne 2035 eter + ke Done Es: let dovet “Ie Regiatar Te: ¥656500 seis ‘The Stte Courts 7 fx + 44565005917 Singopore 059724 Rea: AAT ILSA/CRIWNS Your Ret + HAC-902684 of 2015 \We Do nor accerrseavice 435 5122 (OF COURT DOCUMENTS BY FA Ths Honourable Dit dye URGENT ATTENTION Dear Sirs ‘CRIMINAL CHARGES AGAINST AMOS YEE PANG SANG We act for Mr Amos Yee Pang Sang "Amos", who was bom on 32% Odtoter 1999 and hence ‘merely 16 years ad tthe time ofthe offence. He remains only 36 yeas od even atthe me of ‘artng ofthis eter. This le» ertcal pol that we wish to highlight atthe outst ast festures Drominetiy in his latter, that Is Amas's age, his Young status ond the trentment tht he Mat Sulere though he is but 9 mere 16 year od We refer to the hearing before the Honourable District Iudge Me Jasvender Kaur on 2% une 1 must be painted out that atthe ener heaving on 12° May 2015, the fs. before the Court wes whether Amos would even consider probation For otherwise, I was whether Armes would be fined for the offences and/or faced & period of carceration. There was no mention of Retormative Training (RTC), noe any discussion of RIC. at an alternative sentencing ‘consideration inthis matter. We would put plainly and category tat tre reason there was fo discussion on RTC Is because t was evident from the outset that ths offence does not (werent consideration of RTC. ‘At the sald hearing on 12" May 2015, Amos was quite adamant that he wanted & period of Incarceration and not probation. Amos” parents and the respective lawyers were all ald into chambers, where the udge Impressed upon Amos” parents to persuade Nov to consider probation. Qur Alfred Docwell informed the Judge thst he would seek to speak to Amos to Eonvince him to give probation a chance, Our Alfed Dedwell then spent clase to 30 minutes in the holding cel at State Courts No. 7 seeking to persuade Amos. Amos eventually gave Instructions that he would consider probation. Between 12% May 2015 and 2"! 2une 2015, Amos hed re-think and decked not to take vp probation. He then communicate this tothe probation cfs. During this period, we, 25 his Counsel, had continued to persuade him to take up prebtion, aough we were ever minafl that Amos has his sgh inthis matter and cannot be forced to take UP probation fhe wants to suffer the punishment ofa all trm and/or a fine+ Despite beng strongly advised to accept probation, Amos decided that he was qute happy to receive a sentence of Incarceration proportional to hi ofence or even a Ane, the ude Ie persuaded to fine Ames. ‘Amos is a blogger. He posts his thoughts on events in his Ife frosly on various social media ‘ites. We would state thet any events post12" May 2015 should not be Brought to the ‘terton of the Judge IF has thing to with the elence in question Hence, the follwing ‘re wholy una and unjust on Amos= |% For 10 Jason Chua toe his Afiavit dated 26% May 2035 an his Afisavit dated 2° une 2015 containing various postings on Amos bog or is other sts; . Forthese Affidavits tobe oftentimes given at the Hering sof, witht any notice ofthe same and ta expect Defence cuneel to ac mmethatly on the same; ‘For Amos not to be given an opportunity to reply to the sald Aida fled by 10 son 44. For Amos to be dened a hearing on the contents ofthe sald Aida fled by 10 ason ‘Chua, that the Court, If 50 chooses to admit these Aidais ino evidence, should have offered Armes an opportunity to reply and for @ hearing date tobe fixed £0 that 10 Jason could be crass examined on the said AfBdovits; © For the Judge to nalect to consider what should be the e-off point after which no further evidence and Aida should be fed, To alow for the cntinuous receipt of evidence and AMfavits would mean there Is no end to the amount of damage tht f= sought to be piled on Amos. With respect, AmoE cannot be ted and re-ied on the Drotxt of his offending postings with unrelates postings, Ns views on the charge, and Ni ‘lens on the case. Amos is foe to sate that he fess that there has been a travesty of Justice and to rant as muchas he so desires, fs ony other man on the street. Must ‘Amos posting attract special tention and become the subject matter of further evidence laced before the Judge? With respect, we dsagree with the whole conduct of the Droceedngs if all of ths highly prejudlss| material has been placed before the ludge to Seek to color her mind, ifuencng the court ageing taking a dain to give Amos the lightest possible sentence and now even ardeing that Amos be paced on remand for RTC consideration (we address this point further a paragraph & of hs eter); and Te must be pointed ut that, whist Arnos should only fOce 8 sentence in relation to Ns spec 2 offences, now appears tat his behavior since 12° May 2045 up til 2 tune 2015 is under scrutiny wth the Prosecution fling AMdavts to provide deta of AOE conduct since 12 May 2015. Thi would be, with respect, wholy wifir and unjust on ‘Amos to be under serutiny merely becauee he has chosen, unlike ates, to put his views and thoughts nhs personal lag. These matters shoul never be brought to the attention ‘ofthe 2udge and certainty cannat be isues for conideraton In elton t the appropiate Sentence tbe levied on Amos. So an important issue that must be highlighted is thi - why has the prosecution shited is postion from orignaly seeking probation as the only option for retwbitation, to then Fequesting for RTC at the 2" June 2015 hearing? Neoslese to say, a8 our Aled Dodwell Submitted on 2% June 2015, the Judge should net cll for an RTC report. Ths remaine our22. 1s. oastion and we would adéress the Court on these matters a the nest hearng. Ths sa crea Issue forthe Cour’ consideration. Our ent rere thatthe Judge appears be persuaded by ‘the prosection to call for an RTC report and thereby placing our 16 Yer old cent in Yet ‘nother instance of remand ftom 2 June 2015 ~ 23% Dune 2015, which le afurther 22 days 1 Is our clent's contention that the Judge has been persueded by inelevant and highly prejudicial material placed before the Judge in the said 2 Afcavits fled nthe matter. These should not be matters for her consideration for sentencing. Hence, if our contention thatthe hole tal-sentencing process has been tinted! os result ond we shal bs submiting on the fame at the hearing an 23° June 2035, We wil also be aressing the Cour at the hearing on 25 June 2035 tht Amos has clearly suffered a a result of being victimized inthis manner fr his postings after 12 May 2035, We wil also be submitting that Is evident thet Amos i a strong wild tean who hae very strong views on varius subject matters. He has refused to take down the offending moter ‘and that is & matter for the prosecition to determine es to how the material can be blocked {rom Amos’ sites, IIs net unknown that there are essential tools that can do. Furthermore, ‘as the prosecution had stated at the hearing on 2” June 2015, they might consider fresh ‘charges tobe levied against Amos for his esa to take down the offending postings. If at 30, why is ow placed beore the Judge? So, Is Amos to be punished vie for LNs same ‘matter of his refusal to take down his postings? The muddling of mutters is extremely Prejudicial to Ameo. (nthe issue oF“reabitation, ie crial to consider If this fence even warants Amos being placed in RTC, RTC is meant fr violent teenagers and repeated offences of vslence. In ube Prosecutor v Motammad Al-Ansar! bin 8957 (2007) SGHC 187 at [92-95], the Honourable dustee of Appeal VK Rajah reviewed cases desaring of RTC and identifed cases ncuding robbery, theft with 3 accomplces using ermina force against female vcim, robbery wth 4 accompa, and cing while armed wth deadly weapon, How is RTC meant to “rehabiltate” Ames? What is Amos supposedly in need of rehabilitation? Is ie his “postings”? Surly no. Ths is an opportune tme to aie the carina night of Armor protected under Article 14 of the Singapore Constitution, stich provides cleat for freedom Of speech and expression. Save for Ames’ offending postings, for which ne has Been found ‘uly all of Ames other postings are his personal views on events ins fe and should nt be Brought to the attention of te Judge post 12" May 2015, that the dat for hls conviction. ‘These are separate considerations thet ought not to be brought to the dges" attention to muddy the waters in relation to the sentencing considerations for Amor, where a greater emphasis must surly be proporsonlty tothe oflence, We refer to paragraph 1 and raltorate that Amos is merely 16 years ol. We would state that the punishment that has Been thus for levied on Amos already far exceeds what he should be punished with n proportion to the offences he has bean charged with ‘mes is nt @ hardcore criminal who has commited a violent or serious afence warranting the treatment and sentencing considerations of RTC. Amos refuses to privatize or remove the bfflencing posts. Surly the prosaction working with the MDA can even chose to vest is site and go though other ehannels to have the offending post removed, Furthermore, the Prosecution has the option to levy furtar and/or ether charges on Amos Ifthe acta mati 30 warrants. But Amos cannot continue to sifer in deproportonste measure {what hisa. 16. v. 18. offences warrant: We wil be strongly objecting tothe treatment that Amos has sufere since the charges levied agent Amos. ‘An Important issue that our cent Amos has requested for us, 2s his Sollctrs, to highlight to ths cou is he trestment nthe pisos, In relation to the earer period of remand, on S® May 2015, we ved Amos at Changi Prison, Clster 8, and we provided Ames with the Drat Statement cf Agreed Facts, is Long Statement, the 1" Charge (MAC 902694 of 2015), the Amended 2" Charge (MAC 902695 of 2015), extracts the Penal Code (Cap, 224) relating tothe charges and rac af the Paiamentary Debates felating tothe 2% Charge. We gave clear instructions tothe prison ofcers that these were to bbe handed over to Amos, bt we later learnt from Amos that tis was never done. Tare was fo explanation from the Pritn for doings, save that Was an oversight caused by human ero. “his severely hampered cur preparation for the ease os we were fo discuss with Amos lesues raised inthe documents provides, but he wa notable to do oo 283 reautof the fallure ofthe bison authorities to hand the documents over to Amos. 1 would be wholly unjust and una the essential players in the criminal justice process fal in the primary dott fo treat our cient Wien the de respect that ne is nocert ntl proven guly, and I his its should be vicated In this manner wit a whoiy cavalier attitude toward what oe clery erica documents handed ‘over speccaly by layers to Amos. When we learnt ofthis, our Aled Doda highlighted this to the Prosecution and expressed our grave objections tothe eatment levies on Amos by the Prison authonties. Regrettaby, in elation to his periods of remand/incarceration, Amos has informed us of further Issbes concerning his treatment at Changi Prison thet have Tet him increasingly in a state of ‘pression and having severe sual thoughts ie once again reterate that Amos 15 meray 16 years old. Whist he may express himselt loquenty because he Is undoubtedly a very Inteligent individ, he norethelees remains @ ils and would Nave certain levels of immaturity tot regrettably ls whol overioked inthis process. He logs and uses his blog and postings to express his views, xt R would be gute Immature if thinking acuta to consider that these re merely the rants cf 236 year od with ‘many mare years to grow up. Who amongst vs has net msepocen? Butt regrettable that 3 hypersensitive response has ld to Amos being teste like an adit and facing the vottlon of ‘nl constiutional rights of freedom of speeeh end expression by having bel terms that sought to curtail his sbity to post content on social media or even on the interset at al. The Ie ‘separate and apart rom the charges being levied ogbn hin ‘Our clen’s mother, Madam Mary Toh called and informed us on an urgent basis tat during hor wit with Amos on 8 June 2015 he was not his utul sol She formes us that Arnos wae feeling down and very depressed, She attended at our offices on 9 June 2015 and further tenplaines what Armes had shared with her, including the treatment he has received at Changi Prison and that the whole matter has affected him to the point that he wee alfering from ‘eeurcing suicidal thoughts. As ns mother, she was deeply concerned and ate draught over all that Amos has suffered for his postings. She felt very stromal that Amos has bean made to Sufer aispoportonstel to his offence, As aconcemed mother, she implored us toasts and to meet with Ames to ebainfst-hand information onal e had ehored wth er (on 9 aune 2015 isl, we contacted Chang! Prison and managed to orange for an urgent Interview with Amos. at Chang prison on 10 dune 2015. We are grail to the prin+ 22 authorities for acading to our urgent request and arranging for us to intrvlew Amos on an Urgent bass During ur meeting with Amos on 20" June 2015, he share with us the folwing a. On or about 30" Api 2035, when he was remanded fora second seriod following the revocation of bail ring the Pre-Trial Conference before the Honowable District 2udge Kessler Soh, Amos already started to have suds thoughts, This was veto the long period of incarceration looming ahead! o ims b. On or about 7 May 2015, his suedal thoughts subsided when he fond out that he tri ‘would conclude within 2 days end the emis! proceedings appeared to be concluding ‘Seeatiousys © Needless to say, when Arnos mas sent again to be in remand/ncareerated on 2° June 2015 for a further period of 3 weoks for purposes of preparing an RTC report to be plsced before the Judge, Amos wes feling very depressed at what he fess clealy unfair and unjust treatment sutered alin the name of alegealy seaing to "rehabtte” hm, 6 On or about 4 une 2015, amos informea the prison payers that he was once agaln having suicidal thoughts, Regrettably, as a result of what Amos shared, Amos was taken to the prison merical facity and strapped to a bed in a medial fecity for approximately fone and aha days. This epsode aggravated Amor's suicidal thoughts He was restrained llth one of his hands and one of his legs strapped tothe bad. Amos formed us thet he {ould only st up or He down. He found & extremely dic to urnave and defecate, He was expected to urinate nto a Jor a the side ofthe be, which wou be left there after he does so notwithstanding the pungent odors which would emanate. He had to bend ‘down painfully against Nie straps in oder to do so. inthe seid medical word, Amos was Surrounded by patients who were mentely unsound. One patient was constantly Jerking ‘agaist his chains and ancther one would tak to Nimsat and be urresponsive to other people. Furthermore, the ights were never switched of trousho the Say and Was ‘arng into our cents eyes Such that he caulé Hardly have any rest seep, ©. His houohts fluctuate between severe attacks of suicidal thoughts ard periods where he feels momentanly better. While a the medica fect, Amos was prevented trom resaing books or having ther dstactions such as conversing with other people. Tht Understandaby led to Amos’ depression and suicidal thoughts intensifying. With respect, the intended strapping down does not adéress the fundamental lsus of depression that Confronts Amos and th suicidal thoughts. Tk merely seeks to restrain Ams from sucde, whch appears caunterprodutive ast clery aggravates his vlc tendencis, Tt is ‘merely prevention by brute restraints rather tan any real attempt to addeseAros's problems. So Amos continues to have Muctuting suicidal thoughts and, by the lack of proper treatment provided to Amos, would only Become worst and nat beter. f. Ames 15 unable to contol himself and finds himself unable to grevent his sulcél though 9. Amos, nino has always sought to rely on logic and reson forall is ewpoints ids that his depression and sulidal thoughts canact be quelled by logic reasoning tel Neclats to say, he hs been ineressinglyafectea by the potential years of Incarceration In RTC and the puble hare for him that led tothe stapping inant whi has lf hioS 2. 2s. traumatized and scared. He aso believes that these suicidal tendences may stem from the rumors he has heard about RTC, especialy thase of people Beng raped and beaten up Ino, We would hist that te issues we have raised herein concerning Ams reatment, of being Sent to remand on 3 cerasions and the prospect of levying what Is lary the harshest Punishment possbie under the guise of "rehabitation, has ony served to send Amas, a mere 16 year ol, spiraling nto depression such that now he cannot curb having sulidal thoughts. ‘he isve of proparsonalty le etc in thie mater The whole Ides behne ths process must not be to “cage Amos" so that he wil net post anything futher or to ounish him for his ontinued postings. ‘mes has been the victim of hate crime, having been slapped by a member ofthe pubic in @ Solin epiode of misguided vigilante Juice. He was algo subjected to much public bashing on Secil medi, with people even tveatening to cut off his pens nd shove lt Ito his mouth Its Incredible tht these real and serous threats to harm Anos have Been whaly neglected by theres Notwitstanding that our cent does not consent to probation, we are ofthe view that RTC remains leary unstable for him and we wl submit on this issue atthe ypoming hearing on 33" tune 2015, Amos is clearly deeply affected by the disproportionate teatment levied on him, including the overiy harsh ball conditions, hs several periods of remand and now the prospects of years of incarceraton. RTC Is cleatyunsutable for him ast meant for hardcore tenders requiring prolonged period ot icarceration and regimenation toe weaned of fe 1n view ofthe mates aise herein, we humbly urge tis Honourable Couto consider ringing forward the hearing to any date after 178 June 2015 We have wttan this letter at the request of our cent to keep the Judge apprised of matters and als te hight mattrs to the prosecution We take this opportunity to then the ude for her Kind consideration of the matters rased in thi ter Yours fully Debedd_ + @— DODWELL & co LLE (2) Attomey General's Chambers (Ref: AG/CID/1P/6/2035/308) ‘tention: DPP Kelvin Kon Wetle (Gy fox 8 ema 6538 9000; kevin kowage.90¥ 50) @—chene