STATEMENT BY MINISTER FOR DEFENCE MR TEO CHEE HEAN ON 20 JULY 2005 IN RESPONSE TO PARLIAMENTARY QUESTION ON COMPENSATION AND ADDITIONAL DISCIPLINARY ACTIONS TAKEN WITH REGARDS TO "COMMANDO DUNKING" SAGA

1.         Mr Speaker, Sir.  I will first answer the question of compensation to the family of 2SG Hu Enhuai.

 

2.         MINDEF has a framework for compensation which provides for fair and reasonable compensation for a serviceman who suffers injury or death which is attributable to service.  Let me explain the various components of this framework.  First, the SAF (Pensions) Regulations provide for a national serviceman and his family to be compensated in line with the compensation scheme set out in the Workmen’s Compensation Act, which provides for compensation of up to S$111,000 in the event of death.  Beyond this, as I informed Parliament at the Committee of Supply debate last year, MINDEF has decided to treat national servicemen on par with regular soldiers for the purpose of compensation.  This means that for deaths due to military service, we will provide an additional lump-sum payment of a minimum of one year’s pay for a regular of the same rank. MINDEF can also grant additional compensation where the circumstances merit such additional compensation.  And the principles that MINDEF applies in computing the compensation amount are consistent with the legal principles applied by the civil courts in assessing compensation for deaths.

 

3.         In the case of 2SG Hu Enhuai, MINDEF had offered a comprehensive package of financial compensation to his family in line with the above principles.  2SG Hu's family has accepted this compensation, and has not taken any legal action. It would not be appropriate for MINDEF to disclose the amount of the compensation that has been made to 2SG Hu's family.

 

4.         Our servicemen are also encouraged to join the SAF’s Group Insurance Scheme. 2SG Hu was insured under this scheme and the insurance was paid to his family in 2003. This scheme provides affordable coverage at premiums of $16 per month for every $100,000 of coverage. The maximum amount of coverage is $400,000. 2SG Hu’s family also had access to the SAF Welfare Fund, which assists with funeral expenses and provides benevolent funds. 

 

5.         Professor Png has also asked about the disciplinary action that has been taken against the SAF personnel connected to the death of 2SG Hu. Following the completion of the cases in the criminal court, MINDEF has since completed the disciplinary actions against all those involved to bring this tragic case to a close.

 

6.         First, I would like to explain that the Attorney-General’s Chambers has primary jurisdiction over whether to proceed with criminal charges. The Attorney-General’s Chambers decided to proceed with criminal charges against four servicemen, and they were all subsequently convicted – two of causing death by a rash act and the other two of abetment of a rash act causing death. LTA Divanand and LTA Ng Chin Fong were sentenced to nine months imprisonment each. CPT Pandiaraj and 2WO Balakrishnan appealed against their conviction but their appeals were recently dismissed by the Chief Justice, and CPT Pandiaraj was sentenced to 12 months imprisonment while 2WO Balakrishnan was given 6 months imprisonment.

 

7.         Following their sentencing by a district court on 14 January 2005, the SAF discharged LTA Divanand and LTA Ng Chin Fong from service with effect from 3 March 2005, after the deadline for them to file an appeal expired. The cases for the discharge of CPT Pandiaraj and 2WO Balakrishnan from the SAF are now being processed.

 

8.         Apart from the four servicemen who were dealt with in the criminal court, the investigations had revealed that three other servicemen had committed military offences directly connected to this case. These three were court-martialled on 15 April 2005. They pleaded guilty to negligently performing their duties. The court martial was presided over by a district judge, and there were two other members, who were SAF officers made up the other members of the court martial.  LTA Ryan Toh and LTA Shashi Kumar were fined $1,500 each, and SSG Tan Tian Huat was fined $900. 

 

9.         The investigations had also found shortcomings in the performance of seven other servicemen in relation to the supervision or the conduct of the Combat Survival Training course as a whole, but not directly related to the actions against 2SG Hu. Disciplinary action, ranging from fines to Letters of Warning, was taken against them.

 

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