Prison officer fined S$10,000 for negligence which caused inmate’s death

[CuttingItFine]

By Channel NewsAsia, Updated: 19/07/2013

Prison officer fined S$10,000 for negligence which caused inmate’s death

SINGAPORE: A senior prison officer has been fined $10,000 for causing the death of an inmate through negligence.

36-year-old Lim Kwo Yin was charged and pleaded guilty to one count of causing the death of 21-year-old Dinesh Raman Chinnaiah's death by failing to exercise adequate supervision on 27 September 2010.

At the time of the offence, Lim, who holds the rank of a deputy superintendent at Singapore Prison Service, was the person-in-charge.

The court heard that on the day of the offence, at about 10.45am, Dinesh exited his cell and kicked a prison warden, Sergeant Jonathan Lee Fangwei, in his abdomen.

Dinesh was restrained as per the prison protocol and brought to the disciplinary housing unit.

There, Lim failed to adequately supervise the restraint operation where Dinesh was placed in a "prone position" on the ground.

The position resulted in Dinesh having breathing difficulties and when left unattended, became unresponsive.

At about 11.18am, Lim re-entered the cell to check on Dinesh and found him to be unresponsive.

Medical personnel were called in to start medical aid.

But Dinesh did not respond.

He was then sent to Changi General Hospital and pronounced dead at 12.45pm.

In mitigation, Lim's lawyer, Wendell Wong, told the court that the prison officer takes the life of every inmate seriously.

Mr Wong said Lim is gutted by the loss of a life and that there is nothing more painful than for an officer to face such a situation.

He added that Lim is "profoundly sorry" and said that the speed at which Lim decided to take responsibility for this was his client's choice.

The court heard that Lim has been carrying the pain with him for the past three years and there was absolutely no motive for him to act in a manner which resulted in the loss.

While Mr Wong noted that Lim did attempt to look at Dinesh's face, he admitted his client could have better noticed Dinesh's condition and realised that he was unresponsive.

But the lawyer also pointed out that Lim was observing Dinesh through the spyhole during that period and that was how the accused realised Dinesh was not moving.

Mr Wong also highlighted that Lim, together with the other wardens, had reacted to the situation immediately when he realised Dinesh was unresponsive.

He subsequently cited testimonials of Lim's superiors, who described him as a humble and unassuming officer who was responsible and dedicated.

The defence asked the court to impose a fine of S$10,000 or less.

In sentencing, District Judge Liew Thiam Leng noted that it is not in dispute that Lim had no motive to cause Dinesh's death.

Also not in dispute was that the prison officers were responding to the situation and using acts of restraint to handle a violent inmate.

What was also clear, said the judge, was that the accused did not adequately observe the acts of restraint, which resulted in the loss of a life.

Lim could have been jailed up to two years and fined. - CNA/xq

 

[CuttingItFine]

Inmate's death: Prison officer pleads guilty

Published on Jul 19, 2013
By Jalelah Abu Baker

Lim Kwo Yin (left), 36, who was found guilty of causing the death of an inmate by negligence, had failed to adequately supervise his men when they were restraining the deceased, Dinesh Raman Chinnaiah, the court heard. -- ST PHOTO: ALPHONSUS CHERN

The senior prison officer found guilty of causing the death of an inmate by negligence had failed to adequately supervise his men when they were restraining the deceased, Dinesh Raman Chinnaiah, the court heard.

Lim Kwo Yin, 36, who holds the rank of deputy superintendent in the Singapore Prison Service, pleaded guilty on Friday to the charge and was fined $10,000.

The prosecution, recounting the incident of Sept 27, 2010, said Dinesh - who was serving a jail sentence for rioting and theft - had to be restrained after he had kicked a prison warden in his abdomen at about 10.45am in Changi Prison.

He was moved to a disciplinary housing unit and left alone on the ground in a "prone position" by officers under the supervision of Lim.

 

[CuttingItFine]

Lessons to be learnt from prison death: Iswaran

By Tan Qiuyi
POSTED: 20 Jul 2013 10:37 PM

Second Minister for Home Affairs S Iswaran (Photo: Siti Bazilah/MediaCorp)

SINGAPORE: Second Minister for Home Affairs S Iswaran says Singapore Prison Service officers will emerge stronger from the incident involving the death of inmate Dinesh Raman.

And he believes the officers will continue to live up to Singapore's high expectations.

Senior prison officer Lim Kwo Yin on Friday was found guilty of causing the death of Dinesh by negligence and fined S$10,000. He had failed to adequately supervise his men when they were restraining Dinesh on 27 September 2010.

Mr Iswaran said authorities can and must draw important lessons from the incident.

The first is to recognise that a prison officer is both a disciplinarian and a counsellor, and high discipline standards are essential for effective rehabilitation programmes to be delivered.

Officers must also be professional and fair at all times.

"Third, the trust and confidence that stakeholders place in an organisation does not rest solely on its ability to avert problems," added Mr Iswaran.

"Notwithstanding our best efforts, mistakes can happen. How the organisation deals with such problems, if and when they occur, is an equally important measure of its integrity and mettle.

"In this instance, a thorough police investigation was conducted, with 100 witnesses and experts, local and foreign, interviewed."

Mr Iswaran also said other prison officers involved in the incident may also be taken to task, and that a review is under way.

He said: "Our officers and institutions dedicate themselves fully to upholding the highest standards of integrity, professionalism and accountability when carrying out their duties.

"Any misdeeds are dealt with firmly and fairly. Our officers and institutions have earned the trust of many generations of Singaporeans over the decades because we embrace this ethos - and we will continue to do so, rigorously."

Mr Iswaran was speaking at a charity gala on Saturday to celebrate the 10th anniversary of the Yellow Ribbon Fund for ex-offenders.


- CNA/ir

 

[hokkien]

Yellow ribbon another wayang show

 

[lianbeng]

lianbeng replies: life is so cheap - $10,000 only!

 

[CuttingItFine]

Coroner's inquiry into prisoner's death stopped

July 24, 2013 - 12:56am

By: Shaffiq Alkhatib

TNP FILE PICTURE

No coroner’s inquiry will be held to look into the death of Changi Prison inmate Dinesh Raman Chinnaiah (above).

This, after his family’s lawyer and officers from the Attorney-General’s Chambers (AGC) met State Coroner Imran Abdul Hamid in his chambers yesterday afternoon.

Responding to queries from The New Paper, an AGC spokesman replied in an e-mail: “In view of the conclusion of criminal proceedings, the inquiry has been discontinued.”

This means that the case is closed as prison officer Lim Kwo Yin, 36, has been convicted and fined $10,000 on Friday for performing a negligent act that led to Dinesh’s death.

Lawyer Louis Joseph from Regent Law, who is not involved in the case, explained that a coroner's inquiry is held to find out how, when and why a person died.

He added that since those questions have been answered by the prosecution, there's no need for a coroner's inquiry.

Read the full report in The New Paper on Wednesday (July 24).

 

[Ginchiyo Tachibana]

AGC clarifies why no Coroner's Inquiry was held for prison inmate's death

Dinesh Raman Chinnaiah’s two sisters and a family friend (in blue) consoling Dinesh’s mother, Madam Sel (in chair) on Sept 29, 2010. The Attorney-General's Chambers (AGC) on Thursday, July 25, 2013, clarified why there was no Coroner's Inquiry into the death of Changi Prison inmate Dinesh Raman Chinnaiah.

Jalelah Abu Baker
The Straits Times
Thursday, Jul 25, 2013

It is not uncommon for inquiries to be adjourned or discontinued, where the AGC commences criminal prosecution in respect of the death caused. The Coroner will then consider the findings made at the conclusion of such criminal proceedings, and determine if there is still a need for an inquiry to proceed.

Get the full story from The Straits Times.

Here is the full statement from the Attorney-General's Chambers:

There have been some comments online and in the media which appear to have misunderstood the Coroner's Inquiry process. These comments were made in reference to the Coroner's Inquiry regarding the death of Changi Prison inmate Mr Dinesh Raman Chinnaiah.

Under the Coroners Act, the Coroner is required to hold an inquiry into any death that occurs while in official custody - for instance, where an inmate dies in prison. The purpose of such an inquiry is to inquire into the cause of and circumstances connected with the death. Such inquiry would usually focus upon matters such as the identity of the deceased, and how, when and where he came by his death.

However, section 39 of the Coroners Act also provides that where any person is charged with an offence under Chapter XVI of the Penal Code (which includes causing hurt, culpable homicide or murder) in relation to an act which caused or could have caused the death of the deceased, the Coroner shall await the conclusion of such criminal proceedings.

Consequently, where a finding has been made in criminal proceedings as to the cause of and the circumstances connected with the death, the Coroner has a discretion to discontinue the proceedings before him if he determines that there is no longer a need for an inquiry to take place to determine the cause of and circumstances connected with the death. This discretion conferred on the Coroner by section 39 of the Coroners Act ensures that while all unnatural deaths are investigated and looked into, there is no multiplicity of proceedings that would be a drain on the state's resources.

There is no provision in law to mandate that an inquiry should take place before criminal proceedings, or vice versa. It is not uncommon for inquiries to be adjourned or discontinued, where the AGC commences criminal prosecution in respect of the death caused. The Coroner will then consider the findings made at the conclusion of such criminal proceedings, and determine if there is still a need for an inquiry to proceed. The Prosecution does not have powers under the law to compel the Coroner to adjourn or discontinue an inquiry.

 

[hokkien]

Life is hard to predict

 

[lianbeng]

Life is hard to predict

lianbeng replies hokkien: life is cheap! $10,000 only!

 

[StarshipTroopers]

Updated: 08/15/2013 20:09 | By Channel NewsAsia

Family of prison inmate who died wants to reopen coroner's inquiry

SINGAPORE: The family of Dinesh Raman Chinnaiah has written to the Attorney General asking to reopen the coroner's inquiry into his death.

Lawyer M Ravi, who is representing the family, submitted the letter on Thursday.

Dinesh Raman was the prison inmate who died in prison in 2010.

He was restrained by prison officers after acting violently. He later died from breathing difficulties after he was placed chest down on the ground in an isolation cell.

In July, senior prison officer Lim Kwo Yin, the direct supervising officer, was fined S$10,000 after pleading guilty to causing Dinesh's death by a negligent act.

The Attorney-General Chambers confirmed that it had received the letter. It will study the contents carefully before giving a reply.

Earlier this week in Parliament, Second Minister for Home Affairs, S Iswaran said the Attorney General's Chambers had informed the family of Dinesh Raman that the government accepts liability for the incident and will compensate the family. - CNA/fa

 

[Windsorlou]

Updated: 08/21/2013 15:32 | By Channel NewsAsia

Family of inmate who died in prison files application to reopen coroner's inquiry

SINGAPORE: The family of Dinesh Raman Chinnaiah is asking the High Court for a mandatory order to reopen the coroner's inquiry into the inmate's death.

Lawyer M Ravi filed an application on behalf of the family with the High Court on Wednesday.

Dinesh Raman died in prison in 2010.

He was restrained by prison officers after acting violently. He later died from breathing difficulties after he was placed chest down on the ground in an isolation cell.

In the application, Dinesh Raman's mother said she was not aware of the details leading to her son's death.

The application follows the family's letter to the Attorney-General last week, asking to reopen the coroner's inquiry into his death.

Responding to media queries, the Attorney-General's Chambers (AGC) confirmed that it was served with the application late Wednesday afternoon.

An AGC spokesman said: "We are studying it and we are not able to comment on it at this point in time."

In July, senior prison officer Lim Kwo Yin, the direct supervising officer, was fined S$10,000 after pleading guilty to causing Dinesh Raman's death by a negligent act.

The coroner then exercised his discretion and discontinued his inquiry on July 24.

Last week in Parliament, Second Minister for Home Affairs S Iswaran said the Attorney-General's Chambers had informed the family of Dinesh Raman that the government accepts liability for the incident and will compensate the family.

- CNA/nd/ms

 

[NeverSayDie]

Coroner's inquiry into death of Changi inmate will not be reopened: AGC

Published on Aug 22, 2013

The coroner's inquiry into the death of Dinesh Raman Chinnaiah, an inmate in Changi Prison three years ago, will not be reopened, said the Attorney-General's Chambers (AGC). -- TNP FILE PHOTO: KELVIN CHNG

By Walter Sim

The coroner's inquiry into the death of an inmate in Changi Prison three years ago will not be reopened, said the Attorney-General's Chambers (AGC) on Thursday.

In a letter addressed to lawyer M. Ravi of LF Violet Netto, who represents the deceased's family, the AGC said there were "no new matters raised" since the inquiry was halted that warranted further investigations, or a reopening of the inquiry. AGC added that the cause of, and circumstances connected to, the death of Dinesh Raman Chinnaiah, 21, have already been placed before the court in the criminal proceedings of senior prison officer Lim Kwo Yin, 36. An inquiry began, but was discontinued after Lim had pleaded guilty and was fined $10,000 for causing death by negligence.

Mr Ravi, in a statement released on Thursday night said Dinesh's family "was devastated to hear the Attorney-General's decision", adding that the Attorney-General should call for a full inquiry in the public's interest "and not Dinesh's mother having to do so".

The Home Affairs Ministry said in a statement on Thursday that te Government had, following the conviction of Mr Lim on July 19, that it accepts liability for Dinesh's death and will compensate the family. "This point was also made by Second Minister for Home Affairs S Iswaran in Parliament on 12 Aug 2013," said a ministry spokesman. "Discussions with the family are on-going. The government remains committed to explain any issues arising from this tragic incident and to do whatever it can to assist the family."

 

[Sinkie]

In such a case, how can criminal proceedings proceed without the coroner's findings, but it did just that. The coroner's inquiry was halted to make way for criminal proceedings. However, the fact remains is that there is a BIG QUESTION MARK on the inmate's death during the criminal proceedings, because the coroner's inquiry was halted.

So, how come the coroner did not proceed undeterred but instead halted itself for criminal proceedings to take place, knowing full well that it is leaving a BIG QUESTION MARK on the reasons for the death of the inmate.

Possible miscarriage of justice and judicial process, IMO.

 

[rolleyez]

Family of dead Changi inmate asks for review of decision not to re-open coroner's inquiry

Published on Sep 04, 2013

The family of Dinesh Raman Chinnaiah (above), an inmate who died in prison in 2010, wants to challenge the Coroner's decision not to re-open an inquiry into his death. In a statement released on Wednesday, Sept 4, 2013, through their lawyer M. Ravi of LF Violet Netto, the family said a hearing date had been set on Oct 16 for judicial review of the coroner's decision last month. -- TNP FILE PHOTO: KELVIN CHNG

By Ian Poh

The family of the inmate who died in prison in 2010 wants to challenge the Coroner's decision not to re-open an inquiry into their son's death.

In a statement released on Wednesday, through their lawyer M. Ravi of LF Violet Netto, the family of the late Dinesh Raman Chinnaiah said a hearing date had been set on Oct 16 to seek permission for a judicial review of the coroner's decision last month.

A judicial review is a process where a state administrative decision is relooked by the courts. Last month, the Attorney-General's Chambers (AGC) said that the inquiry into the inmate's death would not be reopened. A spokesman had said that the state coroner was exercising his discretion not to resume the inquiry because the cause of and circumstances connected to the death of had been placed before the court in criminal proceedings against senior prison officer Lim Kwo Yin, 36, last month.

The inquiry was discontinued after Lim pleaded guilty, and was fined $10,000 for causing death by negligence. At the time, the court heard that Dinesh, who was convicted of rioting and theft, kicked a warden in his abdomen in an unprovoked attack on Sept 27, 2010. It took eight officers - including Lim, who was the supervising officer - half an hour to restrain him. Dinesh was eventually put on the ground with his head to the side, in an isolation cell. He was left in the prone position thereby restricting the respiratory movements of his chest and abdomen.

 

[Flake]

Updated: 09/13/2013 21:22 | By Channel NewsAsia

No basis for allegations in civil suit filed by Dinesh Raman's family: MHA

SINGAPORE: The government has responded to the civil suit filed by the family of Dinesh Raman Chinnaiah, the inmate who died in prison three years ago.

In a statement issued on Friday, the Home Affairs Ministry said "there is absolutely no basis for the false allegations" contained in the claim filed by lawyer M Ravi for the family.

The ministry said the government would normally have dealt with the false allegations in Court.

But it issued a response to correct what it says are "falsehoods" stated by Mr Ravi, who chose to make the allegations public on 11 September, even before formally serving the writ on the government on 12 September.

Among the allegations refuted by the ministry is that the government declined to conduct a coroner's inquiry into Dinesh Raman's death.

The ministry said the inquiry was discontinued without objection from the family as the facts had been ascertained during the criminal proceedings.

Also false are the allegations that prison officers ignored the physical symptoms that Dinesh Raman's body presented and that the inmate had died due to assault by the officers.

The ministry said Dinesh Raman had kicked a prison officer in the abdomen in an unprovoked attack and that this officer was not the same one alleged to have had a prior verbal exchange with him.

Symptoms exhibited by Dinesh Raman, such as breathlessness, were consistent with the restraint operation and had been addressed by prison officers.

The ministry added the State has offered a compensation quantum to the family based on the premise that Dinesh Raman would have gone on to ITE and had a stable job.

Officers from the Home Affairs Ministry, including a Tamil-speaking staff, have engaged the family and Mr Ravi on their compensation claim.

The ministry said the family has not submitted a formal claim.

The family has also not taken up the ministry's offer to facilitate a meeting with the state pathologist to explain the cause of death.

- CNA/ir

 

[SibeiKuaiLan]

Updated: 10/16/2013 17:40 | By Channel NewsAsia

Application to re-open coroner’s inquiry into inmate's death dismissed

SINGAPORE: The High Court on Wednesday dismissed an application for a judicial review of a coroner's decision to discontinue an inquiry into the death of prison inmate -- Dinesh Raman Chinnaiah.

The application was submitted by his mother after the Attorney-General's Chambers (AGC) earlier turned down the family's request to direct the coroner to reopen the inquiry.

Dinesh died in prison three years ago from breathing difficulties after he was placed chest down on the ground in an isolation cell.

In July, senior prison officer Lim Kwo Yin pleaded guilty to negligence in relation to Dinesh's death.

The AGC has said that the cause and circumstances relating to Dinesh's death had already been placed before the court during the criminal proceedings.

Lawyer M Ravi, one of the lawyers representing Dinesh's mother, said she intends to take her case to the Court of Appeal. - CNA/gn