This case brings out how human beings can react when they feel that they are unfairly treated. Jealousy can lead to violence.
When she was first charged, Wu had no counsel. Her family was very poor. Her father and sister arrived from China and stayed at a cheap boarding house. Mr Wu was advised by the media that he should look for me to help his daughter. He managed to seek me out and pleaded desperately for help. When he told me of his plight as a father and that he needed my help, I had to agree. I read through the notes of the case and agreed with her family. Wu’s sister, who accompanied their father, pleaded with me to help them and they were very grateful that I was willing to take on the case.
People wonder why I took this case up. Like all my cases, I believe that Wu should be given the best defence. The fact that she is poor or that she’s from China did not in any way affect my conviction to help. She needed my help and I felt especially for her family who were desperate to seek assistance. It made me feel even more for Wu’s family and the consequences that drove her to this state.
We went to court and mitigated for Wu. As she was diagnosed with major depressive disorder and qualified to plead diminished responsibility of her actions, her charges were reduced from murder and attempted murder to culpable homicide. She briefed me on how she had been treated from the time she married into the Tan family. Justice Kan Ting Chiu was kind enough not to give her life imprisonment which the prosecution had asked for. Instead, he handed out a total sentence of 16 years for both the charges. The attempted murder of her mother-in-law, Madam Ng, was taken into account.
We visited her occasionally in prison because she had no visitors in Singapore. Eventually, she got used to prison life and she herself said that she did not want to bother us anymore. She was very grateful for our help but convinced us that she would manage. We understood.
Her sister visited us again and asked if we could arrange for her to serve sentence in a Chinese prison. I explained to her that there were no such reciprocal arrangements between the countries and I told her that her sister would be more comfortable in a Singapore prison than any Chinese prison. I advised her to leave the matter as it is. With good behaviour Wu should be released in ten years’ time or less.
I’ve described in this book a few cases that stemmed from acts of passion. These are not the only cases that I’ve handled. There are many more such cases. All these cases show that human beings are naturally compassionate — some of us just do not want to admit it. Simply put, some do not want to show their softer side.
Personally, I too have pretended not to care but I know that is not my true self. I care for people and I care for their problems. I think, initially, I did not want to get involved because I was afraid of the hurt it would cause me. However, a time will come when you look around and you see so many people doing good and you tell yourself, “You have to start thinking about others besides yourself. If you can help, you must help.”
I sometimes ask my son, “Are you going to be a lawyer?”I would tell him that he could earn a lot of money from practising law, especially corporate law and if in the right firm, but if he were to go into practice just to make money, then the motives are not right. In my opinion, when you go into law, you are in a position to help others — especially those who are not as fortunate as you are. Do not turn away from them. Help them. You will find that you get better satisfaction from that than from what the money can bring you. Most often, we want our children to be successful professionals. I look at my son and I think that it doesn’t matter what his calling is but I want him to be a good human being who will have compassion for his fellow beings.
i shared this with a reporter once and he looked at me and said, “I have put this question to so many people and they have all wanted their children to be lawyers, engineers or some kind of professional. You are the first one to give this answer.”
THIRTY-TWO
EVERY CRIMINAL DESERVES A DEFENCE
The other case I would like to mention is the case where a taxi driver, Lim Ghim Peow, poured petrol on his ex-lover, Mary Yoong Mei Ling, and set her on fire. He had been very angry and frustrated with her as she did not want to take him back and was on the verge of marrying someone else, and so he decided that he had to teach her a lesson.
He went to where she stayed and poured petrol on her before setting fire to her using his lighter. She suffered third degree burns and eventually died. It was a painful death. The prosecution wanted to charge him for murder for they believed that it was cold-blooded murder — premeditated. But they found that he was suffering from major depressive disorder and had been suffering this disease for some time, and not that it came about suddenly after the incident.
My assistants, Sunil and Diana, conducted the mitigation plea because I was ill. The newly promoted judge, Justice Tan Siong Thye, decided to sentence the accused person to 20 years’ imprisonment. The prosecution had asked for 16 to 20 years; we had asked for ten to 12 years. Our client was given 20 years as the Judge was of the view that he got off lightly and was not charged for murder which would have resulted in a death penalty.
When I returned to the office (I was not on dialysis that day), Sunil and Diana informed me that they had filed an appeal. They felt that 20 years was too long. Sunil told me that it would be good if I could take the case, although we were doing the appeal pro bono because the taxi driver’s family was unable to pay the fees. So we did it pro bono as we believed that he should not have been given 20 years.
Subhas with his trusted team. From left: nephew Sunil, Diana Ngiam and Sandra Cheng, Subhas’ longtime personal assistant and friend.
The hearing of the Appeal came up in July 2014. By this time, after months of recuperation from my neardeath ordeal at the end of 2013, I felt like I was ready to take on some cases at the office. It was a very encouraging feeling and my drive to work was revved up once again.
When I appeared before the Court of Appeal, Justice of Appeal Chao Hick Tin welcomed me and said that it was very good to see me back in court. Justice Andrew Phang said that I could remain seated while arguing the case instead of having to stand to argue. I was touched by his kind gesture but decided that it would be rude to sit and conduct my case in the highest tribunal. Anyway, we lost the Appeal and the Court of Appeal agreed that the Trial Judge had meted the sentence to reflect the gravity of the offence and they believed that 20 years was not manifestly excessive.
I went up to the accused person who was sitting in the dock and told him that we had lost the appeal. He knew and understood what the judges had said but he said that he was very grateful to me for coming down to argue his case for him. His family thanked me similarly and said that they would never forget that although I was unwell, I argued the appeal. I was quite touched by their gratitude.
THIRTY-THREE
THE YELLOW RIBBON OF HOPE
A good friend of mine, Noor Mohamed Marican, is currently the President of the Association of Muslim Lawyers (AML). He has always been very supportive and encouraging of my passion towards giving ex-inmates a second chance in life. The Yellow Ribbon Foundation was set up for this purpose. Marican was very keen to set up a bursary award in my name, something that I was not in favour of and felt awkward about, especially when he suggested organising an event called “A Tribute to Subhas Anandan”.
As I said earlier, pro bono work has always been a part of my practice since 1971 when I was called to the Bar. It is something I enjoy doing. It is part of my legal practice and I don’t see the need for any sort of recognition. When the Yellow Ribbon Foundation was set up, I was very pleased to know that the establishment was concerned for the well-being of the ex-inmates, something that really bothered me as I often hope not to receive a visit from an ex-client who has committed another offence. I feel that a lot of them are lost when they are released and there is not enough family or society support for them. They tend to go astray again easily. So the intention of the Yellow Ribbon Foundation is a noble one and I am very
supportive of it.
The discussion with Marican in regard to setting up a bursary award in my name ended as part of a casual conversation in passing and I didn’t mention it to Vimi or any other family member as I didn’t see the need for it. Three days before the actual event though, Marican informed me that it was being organised and in fact, had been publicised in the AML’s Al-Mizan periodical for October 2014. I had given an interview that also appeared in the same issue. I had no choice but to let Vimi know about the event.
We were just sitting around that particular evening, chatting and reminiscing about the past, something I seem to do quite often these days. I said to her, “You know what? Marican has organised a tribute for me. Some kind of bursary award under the Yellow Ribbon Foundation for ex-inmates.” She noticed that I seemed uncomfortable about it and asked, “Are you OK with it? It seems like you don’t want it. You’d better let him know.” I told her, “It’s all set. It’s in three days’ time, on 28 October 2014.” She exclaimed, “So soon? So how? Don’t we need to invite family and friends for their support?” I was at a loss. I didn’t know how to answer her as I felt it was just too short a time to let anyone of them know. She whipped out her mobile phone and said, “No worries, I will send a mass text to all in my contact list.” Not long after that, she was inundated with replies and most of them were excited and agreed to attend the tribute despite the short notice. That really warmed my heart. I realised we do have very good family and friends around us.
A copy of the AML’s October Al-Mizan was handed to me and there it was, right at the back under “Upcoming Events”, “A Tribute to Subhas Anandan”. I noticed that the Guest of Honour was Mr K Shanmugam, Minister for Law and Foreign Affairs. It was definitely something that was of importance.
I was still filled with mixed feelings about the event. On the evening of the tribute, I was overwhelmed to see my family, close friends, colleagues at the Bar as well as members of the Bench mingling with one another. Even the former President of Singapore, Mr SR Nathan, was present. I was truly touched and felt that it was, after all, a good closure to my legal practice as I had already harboured thoughts of retirement. I had plans to focus on giving talks at schools to encourage students to do better in life as individuals and to give back to society. I have always felt that a lot of them lacked proper guidance at home and tend to become wayward easily. For those who had been punished for their offences, I always hoped that they would be given a second chance to live their lives better.
The October 2014 edition of Al-Mizan.
HERE ARE EXCERPTS FROM AN INTERVIEW WITH SUBHAS CONDUCTED BY THE EDITORIAL TEAM OF AL-MIZAN, PUBLISHED IN OCTOBER 2OI4.
Al-Mizan: Good afternoon, Subhas, it is our honour to be able to conduct this interview with you. Can you share with our readers how your family has supported you since the start, throughout all the difficult, lifethreatening times that you have gone through? In particular, we are sure that your wife, Mdm Vimala Kesavan, has played a major and irreplaceable role in your life thus far.
Subhas: I must start by saying that, in many ways, my wife changed my life. Before I met Vimi, I lived life by the day and never planned for the next day. I was very carefree and gave my money away to people who never gave it back to me. I spent what I earned. When she came into my life, she helped me to set aside money for savings and gave me financial stability. She managed all my affairs for me and helped me. On top of that, and more importantly, she provided me with emotional stability. We were dating for over nine years before she married me.
I had my first serious heart attack before our marriage. I remember being in hospital, paralysed with loss of speech. This was in 1978, and everybody told me to retire. You know, my sister actually told my friends to pray for me to die, because if I recovered I would be paralysed on my right side. When Vimi came to visit me at the hospital, I remember telling her that she should leave me. She is about 10 years younger than me. Why would anyone want a paralysed man who cannot speak? But she looked at me and shook her head. That was all.
After that, slowly, I recovered and we got married. She was very understanding and tolerant. She is truly my pillar of strength. She has contributed so much to what I am today. Even my book, which was a bestseller for 18 to 20 weeks, she was the one who transcribed and corrected every page of it. Every major thing that I did in my life, my wife had a role to play, and she continues to support me everyday.
Al-Mizan: That is truly a touching and beautiful love story. Speaking of your health, we understand that you’ve had a few neardeath experiences. What gave you the strength to recover and fight back each time?
Subhas: The last time when I fell extremely ill was in December 2013. In January 2014, the doctors told my wife to take me back and arrange for home care because I was going to die. They wanted me to comfortably pass on at home. Vimi and my elder sister, who is a doctor, refused to listen. I think what made me recover was the strength that my wife, son, siblings and close friends gave me. They were there all the time, praying for me and praying for the best.
I remember my younger sister coming into the ICU and holding my hand as I lay on the hospital bed. She asked me, “Big brother, do you want to live?” I kept quiet as I didn’t know how to respond. She asked me again, “Do you want to live?” I asked her why. She replied that everyone could pray for me; in fact, our friends and relatives from all over the world, with different faiths, were praying for me. But she said all the prayers wouldn’t help if I didn’t want to fight for my own life. That really made an impact on me and I said yes, I do want to live. Then she looked at me and said, “You will be okay.” True enough, I did recover.
Honestly, at that time, I didn’t know that if I recovered, I would have to go for dialysis three times a week. But on hindsight, even if I had realised that, I would still have made the decision to live. I remember my younger sister asking me, “Don’t you want to see your wife, your son graduating, your niece getting married, and Sunil having children?” I would still have chosen to live because of that.
Al-Mizan: Many of us can’t imagine going through such experiences. What is the biggest takeaway that you have gained from them?
Subhas: All the so-called successes that one may have are nothing compared to the love one has from his family. That is the most important thing. A close-knit family is so important, especially in times of crisis. I am so blessed to have a close-knit family. There are many families who are like strangers to each other. It was after going through such an experience that I knew that when I recovered, I definitely wanted to spend more time with my family and close friends.
You know, I was so touched. Friends whom I hadn’t seen for years came to the hospital to console my family when they heard about my ill health. I think I got all my priorities wrong before my sickness; it was all about work and I had so little time for my family and friends. All of a sudden, it just hit me! Life is so unpredictable. Now, I call my friends who are far away more often.
Many people have come forward to tell me that I’ve reached the top of the ladder, that I am the most popular criminal lawyer in Singapore. So what? You can be everything but if you don’t have the love of your family, you have nothing. That is why I have immense respect for the Malay community, which has very bonded families. When I was in hospital, my sisters told me that there was an old Malay lady in the ICU, which was why the ICU area was crowded. You see, the whole kampong was there. As a patient, when you see your relatives and friends coming to visit you, I can tell you personally that it gives you a lot of courage and confidence. I have noticed this amongst the Malay community. They are always willing to visit and cheer a person up. That is very nice especially when you are sick.
Al-Mizan: Could you share with our readers a few of your neardeath experiences and what went through your mind during these experiences?
Subhas: I will talk about three of these experiences, not because I only had three, but because I remember these three very well. If I recall correctly, I have
been to the brink of death at least five times.
When I had my first heart attack in 1978, I was paralysed. I was very frightened because I didn’t want to live with my right side paralysed and I definitely didn’t want to lose my ability to speak. I thought that I would rather die. What went through my mind? A lot of things. There were many things that I thought I should have done but had not done. To be honest, I told myself that in the future, I would do this and that, but after I recovered, I forgot about what I had told myself. I am trying not to repeat it this time around. My recovery was slow but I thanked God for letting me get better without any defects. I do still have slight slur of speech but I am so happy that I survived that incident.
The other significant experience I went through was my heart failure in 2008. Vimi had gone for a cruise. One day I started coughing but I still went to work. I was in KhattarWong then, and after work I went with my colleagues for a drink near Harry’s Bar. I was very tired when I got home and my cough had worsened. Vimi returned home that day and heard me coughing. She dropped her suitcase at the door and asked me what had happened. When I told her about my day, she immediately said that I had to go to the hospital. I told her there was no need and that I just had to rest well that night. Thankfully, she didn’t listen to me and called my elder sister, who was off-duty that day. My sister called her colleague in Alexandra Hospital and told Vimi to take me there. My elder sister said that she would also join us there. My wife and son immediately took me to the hospital. I remember the doctor saying that my heart had failed and that my lungs were full of water. The hospital staff told Vimi that I would have died had I gone to the hospital just a bit later, because I wouldn’t have been able to breathe. That was when I suddenly realised how serious it was.
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