We should waive costs for Dominique Sarron Lee’s family: Defence Minister Ng Eng Hen
Defence Minister Ng Eng Hen (file photo).
Singapore Defence Minister Ng Eng Hen said Monday that his ministry “should waive” the legal costs that the family of late Private Dominique Sarron Lee must pay after their lawsuit against the Singapore Armed Forces and two of its officers was thrown out.
In a Facebook note posted near midnight on Monday, Ng noted that the High Court’s judgement in awarding the Ministry of Defence (Mindef) costs was based on sound legal grounds and precedents.
“But we need not add to the pain and anguish of the family of the late PTE Lee. We should waive the costs to the family,” he wrote.
On 3 March, the court ruled that Pte Lee’s family has to pay legal costs of $22,000 to all three defendants.
In addition, Ng said the ministry should also emphasise to SAF commanders that “they should continue to train their men professionally, with due regard for safety regulations”.
“We must learn from every accident, fix lapses and improve. This is the way we honour all those who have given their all to build a strong and honourable SAF,” he added.
Ng’s post came four days after the High Court dismissed the suit that Felicia Seah, the mother of Lee, filed last year against the SAF, platoon commander Najib Hanuk Muhamad Jalal and safety officer Chia Thye Siong for being negligent during the training of her son.
Lee, 21, died in 2012 after an allergic reaction to zinc chloride fumes from smoke grenades used during a military exercise. Najib was found to have detonated six smoke grenades instead of two, specified as the limit in safety regulations.
All three defendants applied to have the lawsuit struck out, relying on a provision in the Government Proceedings Act to argue that they had immunity against suits of negligence if a death occurred during service.
Judicial Commissioner Kannan Ramesh reportedly agreed that the Act covered Lee’s case and dismissed the suit. He also ruled that the family had to bear the costs for the lawsuit.
The ruling caused an uproar among Singaporeans on social media after Lee’s mother wrote a Facebook post on Friday about her feelings on the decision.
“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,” Seah said in the post addressed to her dead son.
Also, earlier on Monday, SAF issued a statement to dispel the perception that SAF servicemen who are injured or killed due to negligent acts cannot seek legal recourse under military rules.
Brigadier General Chan Wing Kai, Commander Army Training and Doctrine Command (TRADOC), said, “SAF personnel can be charged and punished in the criminal courts for Penal Code offences of committing rash and negligent acts, even during the course of their military duties.”
While no criminal charges were brought against the two officers, BG Chan said that administrative and disciplinary actions have been taken against them. However, he did not specify what the actions were.
SAF said it has also extended support to the Pte Lee’s family by disbursing welfare grants and offering compensation. He did not specify the value of the compensation and whether the family has accepted it.
