Francis Khoo was one of my good friends. He had run away to London when he was pursued by the Internal Security Department. Once he approached me and suggested, “We should give the current students’ movement whatever help they want.” I replied, “When you say whatever help, it all depends, you know. I cannot just give a blank cheque and say, go and cash it. You ought to be careful. They may be genuine people but you do not know how far it can go.” However, when Wah Piow and Juliet got into trouble with the immigration authorities, I went with Juliet to get her passport released. The immigration authorities were not happy about it but I told them that if they did not release her passport, we would take this matter to court the next day. An immigration officer called me and reluctantly released her passport. Before handing it to me, he said, “You know that Juliet Chin is not a Singaporean. She is a foreigner and she is here to incite trouble. I replied, “Never mind about that.” I took her passport and left.
Subsequently, in November 1974, Tan Wah Piow was charged for inciting a riot against one of the unions in Singapore. Originally, it was decided that I would appear as counsel for him, but then Francis Khoo and the rest thought that maybe Wah Piow should defend himself so that he could do and say whatever he liked as he would not be hindered by legal ethics. He could hide behind the shadows, since he did not have any legal training or legal obligations. Finally, it was decided that Wah Piow would defend himself. But, whenever possible, I would attend court with him, to assist him when necessary.
I faithfully went to court just in case Wah Piow needed my assistance. Most of the time though, it was to watch the proceedings. He was being prosecuted by Abdul Wahab Ghows, who was then the Solicitor General. It was very funny because the courtroom was divided into two sections — one section was where all the student supporters sat, while on the other side were all the trade union supporters.
During breaks, the trade union supporters brought coffee, tea, curry-puffs and samosas for themselves and for their counsel Mr Ghows. Mr Ghows would always invite me to join them, “Hey, you come here.” I would go over and they would offer me a cup of tea and some curry-puffs. We would stand around and talk. This went on for a few days, and I was enjoying the hot snacks a lot.
However, one day, Ghows called me and said, “I can’t give you coffee and tea anymore, neither can I give you any of the curry-puffs because I have been told by the trade union leaders that you are on the other side. Is that true?” I replied sheepishly, “Yes, it’s true.” He said, “All the more you shouldn’t take any of our stuff.” “Thank you and goodbye,” I promptly said after finishing my snacks and tea and went back to sit in my chair near the student union leaders.
The case continued for many more days. I remember Francis Khoo was there defending one of the accused persons and G. Raman was defending another accused person. Subsequently, T.S. Sinnathuray, who was then the Senior District Judge (SDJ), convicted all the accused persons. To many within the legal circles, it was something that was expected. This was because Wah Piow had been giving the judge a lot of trouble during the proceedings. He would continuously interrupt cross-examinations or tell the judge that he was not being fair, accusing the judge of being biased. I actually admired the patience of SDJ Sinnathuray who took all that nonsense and continued presiding over the case.
At the end of the case in February 1975, when Wah Piow was convicted and sentenced to one year’s imprisonment, he was asked if he had anything to say. He started out by saying that he would like to congratulate the judge for his future promotion to the High Court. That was the first time we saw SDJ Sinnathuray lose his temper. He said, “Don’t be impertinent. Take him away from my court. He doesn’t know how to behave. Let him be in the lock-up while I sentence him.” So, he was taken away to the lock-up. Subsequently, SDJ Sinnathuray sentenced all of them after the mitigation plea, and Wah Piow received one year of imprisonment. He was taken to prison to serve his sentence.
In prison, he was treated well by the inmates and the wardens who were sympathetic towards him. At the end of his sentence, and after his release, without further ado, he was handed an enlistment order to serve National Service immediately. He requested, “Why don’t you give me a break before I go and do my National Service?” They said, “No. Your time has come and you have to serve.” I do not know whether he did his National Service or not because in 1976, he ran away from Singapore and went to London in exile. He was admitted to Oxford University and obtained his law degree there. I was told he did very well.
Subsequently, many years later in 1987, 16 people were arrested for Marxist conspiracy activities, which they denied. Wah Piow was the man that was identified as the brains behind the whole movement. It was all over the newspapers. I believe he was naturally very upset about it.
One day when I walked into my office after a matter in court, my secretary, all excited, said, “Tan Wah Piow telephoned and would like you to call him back. He is waiting for your phone call.” Out of curiosity, I decided to return his call. “Yes, Wah Piow, what can I do for you?” He said, “I want you to sue the Government for making all sorts of defamatory remarks against me which are not true.” I said, “Yes, I can do that but are you prepared to come back to Singapore to be present when the case is going on because you cannot fight in absence. Are you prepared?” He said, “What will happen to me when I come back to Singapore?” I said, “They will probably arrest you at the airport. So you think about it and let me know.”
He said “OK”, but he never called back again.
Only when you are in trouble, will you realise who your friends are. I learnt a very important lesson in 1976 when I was taken to jail. Friends whom I thought would stand by me, ran away. Those I did not know very well, came to my help; they were a source of moral support to my family and they surprised me with their courage in standing up against the authorities to say that I was innocent.
So when I fell ill last year, nothing should have surprised me. There were people whom I thought would come and visit me, sit with me and give me encouragement, but never did. Those whom I have lost touch with — my old classmates and dear friends who grew up with me — even though I have not seen them for years, once they knew that I was ill, they all made it a point to come to see me. They comforted me with encouraging words, told me that they would always be with me, not to worry and that they were all praying for me to get well.
On the other hand, there were those whom I considered like family, whom I thought were very close to me — they never came. I know I should not have any expectations of anyone but it was inevitable to feel disappointed when I was at the lowest point of my life. I would have done anything for them if they were in trouble because to me, friendship is something very deep and meaningful. I do not believe in fly-by-night friendships. Well, I don’t blame these people. I don’t blame people who never visited me or who didn’t want to know anything about my condition. Different people react differently when their friends are sick. I know that if my friend is sick, I will surely visit him once or twice at least. I will pray for him. But whether I will visit him every day, I am not too sure because I am not the type who can go and sit with a sick friend and encourage him with nice, comforting words; but I will make sure my sick friend knows how I feel and wish him well.
Notwithstanding those who disappointed me, there were many who made me so happy, especially when I was in hospital. My wife would wheel me down to the canteen, sometimes with my siblings, to have a drink or a snack. Strangers who knew of me would approach me, hold my hand and wish me well. Some even assured me of their prayers.
Once while at dialysis, I was interrupted by a lady who was about to do her dialysis. She came to say she recognised me and that she was very sad to see me here. She said she would pray for my recovery and hope that I will continue helping people. Imagine that! The kindness of yet another stranger who needed prayers for herself for a speedy recovery too!
So the hundreds of people who came to greet me, wish me well and who s
aid they would pray for me, made me very happy. So who cares about the people who disappointed me? It doesn’t really matter. I know that out there, there are many who care for me, many who pray for me, many who want me to live. I think it’s the combined prayers of all these people, including those of my family that made me defeat death in December 2013.
I truly appreciate the thoughtfulness and kindness of these people, some of whom are strangers. When I think of their words of encouragement and their support in prayers, my eyes would well up with tears. I find it so easy to cry these days.
I just had a visit from my old friend, Angela Lee, who was my classmate in law school. She was accompanied by her husband, Jeffrey. He was my classmate in Bartley Secondary School, where we both went for the first three months of Pre-University 1. Their visit brought me back to the time when we were in university, a time when we were reading law and Jeffrey was studying Arts & Social Sciences. It brought back memories that were both happy and sad. Happy moments because we spent some of the best years of our lives being carefree with no worries, just having fun. Feelings of sadness simply because when we look at ourselves now, we find how much we have aged, how ill I was and how things will not be the same ever again.
THIRTEEN
UNDERAGE SEX
I read in the newspapers that Spencer Gwee, a former high-flying DPP whom I defended for underage sex, lost his final appeal at the Court of Appeal. I defended him in the Subordinate Court.
It was very difficult to defend Spencer Gwee because he had his own way of thinking and he didn’t care much about what my assistants Diana or Sunil had to say. He wanted to do everything himself and I had many disagreements with him. He even rejected the submission we had prepared and said that we had to submit his submission, not ours, because he had done a lot of research on it. We said, “It’s your life, you know, and it’s your fate. If you want to do it, so be it.” So we submitted his submission. He was made to do a little bit of amendments here and there and it was finally completed. He was found guilty and the judge sentenced him to four months’ imprisonment, which I thought was fair.
However, the next thing I knew, I was getting into a lot of problems with him regarding the appeal and the petition of appeal. So, I wrote a letter to him telling him that we wanted to discharge ourselves — and we did. We asked him to pay our fees. Even though he did not pay the full sum, he paid quite a substantial amount of it. We let it go because John Koh, a former DPP and a good friend of Spencer Gwee, was the one who recommended me to Spencer. So, for everybody’s sake, I decided to just let it go.
Subsequently, he went to see a Senior Counsel, Chelva Rajah. I am not sure why Spencer chose Chelva to do this criminal appeal as he had not done much criminal law. I believe he would have his own reasons. Chelva Rajah went and argued before Justice Choo Han Teck, who was known for not writing his judgements, and if he did, for writing very short judgements. After hearing the case, Justice Choo dismissed the appeal on the basis that the judge was right in convicting Spencer Gwee. He wrote a concise judgement, explaining why he dismissed the appeal.
Chelva Rajah then put forward a further argument. They were not satisfied with Justice Choo’s decision and applied to go to the Court of Appeal on a question of public interest, stating various reasons that they wanted to ask. When Diana got hold of the papers, she came to my office and we discussed the matter. I said, “I don’t know what public interest they are talking about because as far as I am concerned, there is no public interest.” Diana, who had practised for only two years, said, “It’s so simple. They are just trying to see whether they can use the Court of Appeal as a back-door way of appealing.” I laughed. True enough, when the case came to the Court of Appeal, it was not even allowed to take off because the Court of Appeal was of the view that there was no public interest involved. The Court of Appeal dismissed the appeal and ordered Spencer Gwee to start his prison sentence.
I was kind of sad that Spencer had to go to jail because however obnoxious or quarrelsome he may be, he is an intelligent person and also very kind hearted. I didn’t think that he deserved to go to jail. I don’t think any of these people who were involved in commercial sex should have been sent to jail because the punishment is much too harsh for the offence that they committed.
Subsequently, he went to see a Senior Counsel, Chelva Rajah. I am not sure why Spencer chose Chelva to do this criminal appeal as he had not done much criminal law. I believe he would have his own reasons. Chelva Rajah went and argued before Justice Choo Han Teck, who was known for not writing his judgements, and if he did, for writing very short judgements. After hearing the case, Justice Choo dismissed the appeal on the basis that the judge was right in convicting Spencer Gwee. He wrote a concise judgement, explaining why he dismissed the appeal.
Chelva Rajah then put forward a further argument. They were not satisfied with Justice Choo’s decision and applied to go to the Court of Appeal on a question of public interest, stating various reasons that they wanted to ask. When Diana got hold of the papers, she came to my office and we discussed the matter. I said, “I don’t know what public interest they are talking about because as far as I am concerned, there is no public interest.” Diana, who had practised for only two years, said, “It’s so simple. They are just trying to see whether they can use the Court of Appeal as a back-door way of appealing.” I laughed. True enough, when the case came to the Court of Appeal, it was not even allowed to take off because the Court of Appeal was of the view that there was no public interest involved. The Court of Appeal dismissed the appeal and ordered Spencer Gwee to start his prison sentence.
I was kind of sad that Spencer had to go to jail because however obnoxious or quarrelsome he may be, he is an intelligent person and also very kind hearted. I didn’t think that he deserved to go to jail. I don’t think any of these people who were involved in commercial sex should have been sent to jail because the punishment is much too harsh for the offence that they committed.
FOURTEEN
SPECIAL, IN EVERY SENSE OF THE WORD
1993. “Papa, you are my friend, my partner and then my Papa.” These words flashed through my mind one day at dialysis. It brought on a smile and so much pride remembering how it was said to me by my sweet little child, Sujesh, when he was three years old, but I also ached as I felt that I wouldn’t be there for him much longer.
I am a proud father, like all fathers, and used to entertain a lot just to show him off. He was a precocious child who grew up hanging around adults and was comfortable with anyone he met; he always had a smile for everyone. He is the bond between Vimi and I, and he has acquired the best qualities from both of us.
I recollect his growing up years with so much fondness and love. Sometimes I regret that I was not able to indulge in sports activities with him like most fathers could but I made up for it by being a friend whom he could turn to in confidence. We shared a passion for soccer and enjoyed watching most matches together. There were the action movies we loved so much that we would borrow videos and watch reruns. I also made it a point to have dinner at home as often as I could as I loved to spend time with him. We don’t share much casual conversations but he knows that I am always there for him. It shows when he would come to me when he is in doubt of a situation. The friend in me would step forward and I think he appreciates that.
Subhas and son, Sujesh, in a photo taken on Subhas’ birthday, 25 December 2006.
When he was four years old, he said that wanted to be a lawyer when he grew up. I think it was simply because he was surrounded by lawyers in the family. However, by the time he was a teenager that desire to be a lawyer vanished for a while as he was keen on mathematics. And then after completing his ‘O’ levels, and without much consultation with us, he opted to pursue a Diploma in Banking & Finance at a polytechnic, much to my disappointment at that time as I still had the stereotypical mentality that everyone should go on to do ‘A’ levels after completing their ‘O’ levels. So it was a little tough for me
to comprehend his decision but, as ‘a good friend’ would, I supported it. However, after completing the diploma, he said that he couldn’t see himself pursuing a degree in finance.
One day, he told Vimi and I that he would read law. Deep within me, I felt so pleased with his decision. He has all the qualities of a good lawyer. But I did not wish to put pressure on him and so I smiled at him and said, “Do whatever you want, son. Most importantly, you must be passionate about your work to have a happy life. Otherwise, it would be drudgery every day. My feet are smaller than yours. So don’t try to fit into my shoes! Wear your own shoes! But above all, be a good person.”
I would very much wish to see Sujesh graduate in 2016. I wonder if I am asking for too much time. At the moment, I can only take each day as it comes. I am sitting here three times a week, dialysing — and I do feel trapped here. There is no chance of going abroad for his convocation. This is a very sad and miserable reality that I now face but I am glad that he will finally graduate.
Reflecting on a day in May 2014. My son has been making regular trips to Singapore from Nottingham, where he’s reading law. Ever since I have been unwell, and whenever there is a short break in the university term, he would fly home to be with me and to keep me company. In every sense, he is special, for he is the only child I have.
Recently, after a month in Singapore for his Easter break, Sujesh had to return to his studies. I decided that I should see him off at the airport as I felt that it could be my last time with him. I told my wife to make it an outing. I was tired of staying at home and only going for dialysis and doing nothing else. She naturally agreed as she was trying to boost my spirits and found this a good opportunity to do something different for me. We went to the airport with our niece, Seeta, who often visited me. As I was still quite feeble to walk the long distance at the airport, Vimi decided to push me in the wheelchair. On hearing that I was making a trip out, Sunil, his wife, Sharon, and our niece, Sunita, were quite excited about it and joined us at the airport too.
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