Leeson faces English system, minus jury in S'pore
Leeson faces English system, minus jury in S'pore
By Jerry Norton
SINGAPORE (Reuter): Singapore's justice system, whose judgment Briton Nick Leeson now says he will accept, is based largely on an English model, but without a jury system.
And, it has prisons which have been called "spartan but humane".
Leeson, the 28-year-old trader blamed for the collapse of Barings Bank, battled extradition to Singapore from Germany for months, saying he would prefer to be tried in Britain.
But on Monday, in a statement through his Singapore lawyer, he said: "After consulting my legal advisers, I am satisfied that I will be fairly tried and judged in Singapore.
"I wish to apologize to all Singaporeans for having doubted that I could receive a fair trial. I have decided to voluntarily return to Singapore and I will therefore not be pursuing my appeal against the extradition order in Germany."
Leeson faces forgery and fraud charges related to US$1.4 billion in trading losses he is alleged to have built up when based in Singapore.
His Monday statement contrasted with earlier criticism of Singapore and his contention he would get a better hearing if tried in Britain.
Singapore's legal system has borrowed heavily from English and common law, but cases are heard by judges, not juries. Many in the city state see that as an advantage.
"Because we don't have a jury system here, he may actually get a fairer trial," Jeffrey Pinsler, vice dean of the Faculty of Law at the National University of Singapore, said when asked about the earlier criticisms.
Pinsler said an experienced judge would only be influenced by the case as it was presented in court.
Soon after America's epic O.J. Simpson trial ended in acquittal amid claims race and politics may have influenced the jury, lawyer Ramanathan Palakrishnan said that episode had strengthened his faith in Singapore's non-jury system.
He said the Simpson case highlighted the pressure juries face from media coverage during highly publicized trials.
In Singapore, trials are generally open to the public and media, but television and still cameras are not permitted.
Cases can run for months, with arguments and appeals not just over guilt or innocence but punishment.
On punishment, Singapore legal experts have dismissed an earlier claim by Leeson that he faces a minimum of 14 years in jail in the city state if convicted.
"Under Singapore law, some offenses have a minimum sentence, like armed robbery, drug-trafficking and acts of violence," Edmond Pereira, a former district judge now a private lawyer, told Reuters in July when Leeson's claim emerged.
"But not for the charges Nick Leeson is facing or is likely to face. He is unduly worrying himself."
Singapore lawyers say cheating carries a maximum sentence of seven years. "But nobody as far as I know, in the history of Singapore, has ever gotten the maximum sentence for cheating," one lawyer told Reuters.
White-collar criminals sentenced to five years or more are kept in maximum-security prisons. Those given shorter terms go to medium-security institutions.
Singapore's most famous maximum-security prison is Changi, opened in 1937 and housing about 1,700 inmates. Japan held prisoners there during the 1942-45 occupation, and James Clavell's novel and the film "King Rat" depicted the prison in that era. It has since undergone a number of renovations.
When Leeson raised concerns about jail conditions earlier this year, a Prisons Department spokesman said in a written response to queries from Reuters that: "Singapore adheres to internationally accepted minimum standards for the treatment of prisoners. Prison conditions are spartan but humane."
The spokesman said that in contrast to many Western countries where inmates get many of the creature comforts they formerly enjoyed as free citizens, "Singapore, as with most other Asian countries, does not adopt such practices".
One former inmate told Reuters: "If you behave well, it's not a harsh life. It's just like the rest of Singapore -- there are a lot of rules and regulations, but if you don't break the rules, nothing will happen to you."