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Despite friends' misgivings, NSF's parents sue Mindef & win

metalslug

Alfrescian
Loyal
http://newpaper.asia1.com.sg/news/story/0,4136,193584,00.html?

Parents: It was our last resort
Despite friends' misgivings, NSF'sparents sue Mindef & win
By Crystal Chan

February 22, 2009

NP_NEWS_1_CURRENT_CSARMY-5G0.jpg

TNP PICTURE: KELVIN CHNG

THEIR household income is just $2,000. So how, their friends asked them, can they take on the Government?

You will lose, their friends said. And you will be worse off because of the costs.

But Mr Tan Kian Lee, 50, and his wife, Madam Hor Hong Kiow, 47, refused to buckle under the enormity of the challenge.

'It was a nerve-racking experience,' said Mr Tan, of taking on the Ministry of Defence.

Their son, Chia Wee, had become an invalid after he was found unconscious while he was in National Service

He was their hope. He was to have gone to university and supported them when he graduated.

Mr Tan said in Mandarin: 'My son began NS as a healthy soldier but he came out a vegetable. He used to jog and do standing broad jumps every day. Now, he's like a baby.'

When four years of talks with Mindef and the Attorney-General's Chambers came to naught, the couple sued Mindef for compensation - and took it all the way to High Court.

On 16 Jan, the Tans' dogged determination paid off when the High Court ruled that Chia Wee, now 26, was entitled to compensation.

NP_NEWS_1_CURRENT_CSARMY-231.jpg

HAPPIER TIMES: The Tan family, (from left) Chia Wee, Madam Hor Hong Kiow, Mr Tan Kian Lee and their daughter Chia Min (in front). PICTURE COURTESY OFTHE TAN FAMILY

'Many people have told us that we're very brave to sue the Government,' Madam Hor, a bank teller, said in Mandarin, 'especially when we're not rich. But I believe anyone in our position would have done the same.

'Some people even told us we may lose the case as we were up against the Government and we'd have to pay costs if we lost.

'We're not greedy. Going to court was really a last resort and we're really grateful to our lawyer. Till today, our lawyer has not charged us for his work.'

Their lawyer, Dr Lau Teik Soon, is a former People's Action Party Member of Parliament for Serangoon Gardens.

Looking at photos of Chia Wee in happier times, Mr Tan, who is unemployed, sighed: 'He had hoped to go to UniSIM to study business and support us after he graduated.

'He was enthusiastic about NS despite being a storeman. He obeyed instructions without complaint and always smiled when he left for the camp.

'Every day, we'd buy him supper so he could have his favourite burgers when he came home.'

Shocked

Chia Wee, a business diploma holder from Temasek Polytechnic, had told his parents he could do a variety of jobs with a business degree.

Mr Tan said: 'Now, he can only stare at us when we visit him.

'We have accepted that he'll never be able to look after us. At least, we'll get some compensation so we can care for him.'

The couple's ordeal began when the Singapore Armed Forces called with the bad news that Chia Wee was discovered unconscious at the foot of his three-storey barracks at Seletar East Camp.

He was found at 6pm on 3 Aug 2005.

Mr Tan recalled: 'I was so shocked that I could barely stand. My daughter, Chia Min, had to support me.'

The tragedy affected Chia Min so much that she did badly for her O levels that year, scoring 29 points for her best five subjects.

She re-sat for her O levels in 2006 and scored 15 points, qualifying for polytechnic courses.

Mr Tan and Madam Hor sought an explanation from Mindef but details were sketchy as there were no witnesses.

One of Mr Tan's friends, who lives in Pasir Ris, took him to a meet-the-people's session with Defence Minister Teo Chee Hean in November 2005.

Mr Tan said: 'My friend spoke on my behalf and one of Mr Teo's assistants wrote a letter. Within 10 days, Mindef replied, saying it was investigating.'

In April 2006, Mindef officials met Mr Tan, informing him they did not know what led to Chia Wee's tragedy as there were no witnesses. The ministry offered to give Mr Tan $500 a month for five years to help him care for Chia Wee at home.

Mindef also said it would not provide additional compensation, claiming its checks showed Chia Wee was not hurt in the line of duty.

Not knowing what to do, Mr Tan delayed discharging his son, who remains in a step-down facility at Tan Tock Seng Hospital (TTSH).

Why didn't he just accept the monthly compensation of $500?

Mr Tan said: 'I wouldn't get anything after five years and my son needs lifelong care. I was also worried that if I accepted this offer, it would mean I couldn't pursue legal action against Mindef.'

In March 2007, Mindef stopped paying for Chia Wee's hospitalisation after having paid more than $30,000 for his medical treatment.

Worried

Mr Tan said: 'I took that to mean Mindef was absolving itself of any liability. That's unfair because my son got injured in camp, not while he was off-duty.

'At that point, my wife and I considered legal action as it was the only chance we had of getting compensation.

'It's not that we want to leave Chia Wee in TTSH permanently, but we can't afford to hire a nurse to care for him at home.'

Madam Hor's colleague recommended Dr Lau to the couple and he, together with Ms Rajvant Kaur, represented them for free.

In August 2007, the Tans had a meeting with the Attorney-General's Chambers to resolve the dispute, but to no avail.

Dr Lau told The New Paper: 'We were hoping to settle the issue of liability amicably but it wasn't a meeting of two minds.'

Soon after that, the Tans sued.

Mr Tan said: 'I spent two hours reading my 40-page affidavit every day. My English is limited and I was worried of slipping up while testifying.'

After a four-day hearing last month, Justice Tay Yong Kwang ruled in the Tans' favour.

Mindef has not appealed against the verdict.

Dr Lau told The New Paper that the next step is to assess the degree of Chia Wee's disability and, using Manpower Ministry guidelines, work out how much he should get.

Mr Tan said: 'We would have had to pay the A-G's costs if we had lost. It was a risk we had to take. But if we didn't take this step, we wouldn't get any compensation.

'Of course, we're happy to win. After such a long time, we finally got justice.'



--------------------------------------------------------------------------------


They need to buy $3,000 bed for son

THE Tans have no proper bed of their own.

Now they will have to buy a motorised special bed costing $3,000 for their son.

The couple, who also have a daughter in polytechnic, live in a spartan three-room flat at Old Airport Road.

It is a flat that indicates their modest income.

The family sleep on mattresses on the floor instead of on beds.

Their living room has a sofa and two armchairs, but no coffee table.

Instead of Chia Wee supporting them in their old age, Mr Tan and Madam Hor will now have to care for him for the rest of his life.

They spend about $2,000 a year on their daughter's school fees.

They intend to use the compensation, which the court will assess at a later date, to hire a nurse to care for Chia Wee at home.

His vegetative state means he has to be fed through a tube and wear diapers all the time.

The Tans have decided against placing Chia Wee in a nursing home as it will cost between $1,200 and $1,800 a month.

Mr Tan said: 'If our son stays in a home, we'd have to spend money on transport to see him every day.

'I'm not working, so I can care for him at home. We hope to use the compensation money to buy diapers, milk and a proper bed for him.'

Affordable

Bendemeer Medical Marketing & Nursing Services, which provides training for home nursing, is willing to work out an affordable package for the Tans.

Its head nurse, who asked to be known as Ms Angie, said: 'We can train Mr Tan to change the diapers, clean him and top up the feeding tube.'

She added that Chia Wee's parents will need to acquire a nursing bed, the type used in hospitals, to prevent him from developing bedsores.

She explained: 'The nursing beds are motorised and have ripple mattresses which have an alternating pressure pump and a special air-mattress. These will boost blood circulation and prevent bedsores.'

Such beds cost around $3,000 but MsAngie said the company can source for donated beds from previous patients.
 

sunny302

Alfrescian
Loyal
if i'm given a job as a storeman what is there to complain?

Regardless of the vocation one is assigned to during NS, MINDEF is still duty bound to and liable if the injuries were sustained whilst on duty. In this case, the injury occured whilst he was in camp and performing duties. MINDEF don't have a strong case since foul play has been ruled out.
 

sunny302

Alfrescian
Loyal
no[lan];176711 said:
There is no mention of the damage awarded.

Patience my friend....the methodology to work out the compensation has been established. I'm sure that the famliy's lawyers will ensure that the Tans will receive what is due to enable them to continue to take good care of their son.
 

Whats4

Alfrescian
Loyal
Regardless of the vocation one is assigned to during NS, MINDEF is still duty bound to and liable if the injuries were sustained whilst on duty. In this case, the injury occured whilst he was in camp and performing duties. MINDEF don't have a strong case since foul play has been ruled out.

i think u misunderstood. u see this guy doesn't complain he got a storeman job. what if he got to be a infantry man, would he complain?
 

tonychat

Alfrescian (InfP)
Generous Asset
I love it when i see sinkie govt get screwed by the citizen. Now these GOT BALLS family get what they deserve, the compensation.

The rest of the balless sinkie lots deserve what they get too, daily screwed by the PAP govt.
 

nickers9

Alfrescian
Loyal
"One of Mr Tan's friends, who lives in Pasir Ris, took him to a meet-the-people's session with Defence Minister Teo Chee Hean in November 2005.

Mr Tan said: 'My friend spoke on my behalf and one of Mr Teo's assistants wrote a letter. Within 10 days, Mindef replied, saying it was investigating.'

In April 2006, Mindef officials met Mr Tan, informing him they did not know what led to Chia Wee's tragedy as there were no witnesses. The ministry offered to give Mr Tan $500 a month for five years to help him care for Chia Wee at home."


Teo Chee Hean is a useless piece of shit. When he was the education minister, he changed the whole education system, that all the MOE teachers complained that they are overloaded with schoolwork. And during his time as education minister, I heard from teachers that they were told to treat their students like their customers, and this was pass down by the MOE. In the end what happened? Students do not respect their teachers and climbed over their heads, teachers cannot discipline their students, in the end students dont do their homework, results pull down the schools standards, in the end the teachers got warning from the school. Can you believe this kind of shit?

And when he became the defence minister, the NSF and NSmen suffered big time. I heard NSmen retraining were getting tougher and tougher, during the Tony Tan time, NSmen retraining were ok and resonable, but when Teo Chee Hean took over, NSmen retraining were like the NSF and regulars. Why must the NSmen training be so tough? Think abt it, when you are 35 years old and above, you still need to dig trench. Can you believe it? Dig trench can kill you. When we are 35 years and above, your human body is not as good as when you are 20 years old. You cant do vigorous excerise, that why older people get stroke and heart attack easily due to their age. If you dont believe it, get Teo Chee Hean or Nathan come and dig trench, see whether can they take it or not. I dont know why the retraining is so tough for the NSmen? Those who had already serviced their National Service, when they are going back for reservit, dont make it so tough for them. I really doubt his planning and executing skills. Maybe Teo needs to go for retraining from WSQ or NTUC.

Or maybe he needs to read this old wisdom book called "Lao Zi", then maybe he will know how to be a better minister.

I dont know how he became a PAP minister? For what I know is that he is a good friend of LHL and he is the first batch of scholar that joined the SAF under the government scholarship that's all.
 

Leongsam

High Order Twit / Low SES subject
Admin
Asset
This proves that the judicial system in Singapore is independent. Those who use the term "Kangaroo Court" deserve to be thrown in jail.
 

johnny333

Alfrescian (Inf)
Asset
This proves that the judicial system in Singapore is independent. Those who use the term "Kangaroo Court" deserve to thrown in jail.


Was LKY involved in this case :confused:

Thankfully for the boys parents, they were no t going up against any elites. So the courts were allowed to function :rolleyes:
 

Tiu-leh-see-fart

Alfrescian
Loyal
Look at the bigger picture, the local boy is already in bad situation, what is the point of big money to him.

if Ministry of defence wins this case, local voters will vote against the PAP baboons next GE.

the judge knows the impact of why parents are forced to send their boys to NS. The verdict may be politicised. How often we got this kind of case ???

anyway, 10 billion SAF, what is a few hundred thousand to compensate a frail boy.

The gist is that the damage cannot be undone. Ministry of defence should learn to be more compassionate towards local boys for protecting the familee.
 

littlefish

Alfrescian
Loyal
NS is a bloody insult to Singaporean citizenship for males. You are forced to take on a high risk of serious injuries (not sure how this case happened as I have not read the details) for combat personnel and yet, there is no safety net provided when disaster strikes. When you ask people to risk their lives for the country, empty words are not enough. Just like someone said it is impractical to expect leaders to serve for paltry sums of money.
 

ahbengsong

Alfrescian
Loyal
the hidden stroke behind the pap's game...

Dr Lau told The New Paper that the next step is to assess the degree of Chia Wee's disability and, using Manpower Ministry guidelines, work out how much he should get.
[unquote]
 

congo9

Alfrescian
Loyal
Dr Lau told The New Paper that the next step is to assess the degree of Chia Wee's disability and, using Manpower Ministry guidelines, work out how much he should get.
=================================================================

We need to serve our nation COMPULSORY for 2 yrs. And we are liable for call up once every year for 10 Cycle. Why MINDEF is using the guideline set up by MOM ?

For normal infantry man , we carry bvery heavy loads. Sometimes it might hurt your back and knee cap permanenetly.

Is NS man life so CHEAP ? Why are we make to serve the country , in the end for the injury we sustained, we have to go through such long battle to get compensated ?

Is Singaporean life SO CHEAP ?
 

wusangui

Alfrescian
Loyal
u see this guy doesn't complain he got a storeman job.

Its not as easy as it seems,if u kenna company line CQ STORE.
 

Lee_cunt_yew

Alfrescian
Loyal
See how the MinDEAF treated NSmen like CRAP?

:oIo: PAP :oIo:

This storeman kanna whacked in camp mostly an inside job attempted murder.
 

nickers9

Alfrescian
Loyal
Dr Lau told The New Paper that the next step is to assess the degree of Chia Wee's disability and, using Manpower Ministry guidelines, work out how much he should get.
=================================================================

We need to serve our nation COMPULSORY for 2 yrs. And we are liable for call up once every year for 10 Cycle. Why MINDEF is using the guideline set up by MOM ?

For normal infantry man , we carry bvery heavy loads. Sometimes it might hurt your back and knee cap permanenetly.

Is NS man life so CHEAP ? Why are we make to serve the country , in the end for the injury we sustained, we have to go through such long battle to get compensated ?

Is Singaporean life SO CHEAP ?


Singaporeans life is not cheap, but is the fcuking PAP government is cheap, bloody cheapskate.

The government rather takes all our taxpayers money and gives them freely, freely to who do you know?

Free scholarships, free bond, all things are free for the Foreign Talents.
The PAP gives it to the PRC, Indians, and all foreign objects except to us Singaporeans. Do u know the PRC students comes here and study for free? No bonds attached. That is why, a lot of our Singaporeans cannot get into JCs, Polytechnics, Universities in Singapore cause most of the good JCs, good polytechnics and good universities places are all taken up by them. I have a friend who's daughter have 13 pts still cannot get into the JC that she wanted, cause that JC got a lot of PRC students went into it.

Our government rather gives money to the Foreign Talents than giving money to treat your injuries when u r injuried during your NSF period or NSmen period.

Fcuking cheapskate PAP government!
 
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