Praefectus Praetorio
R.I.P. Brother of the Quill
I'm tired of supplying the number of the chapter. At this point, I have reached the normal number of fingers and therefore I have probably exceeded the ability of several of you to count. If you need to know the number, spend a little effort looking up Malay counting.
Sepuluh Phone Call between the Chambers of the Presiding Judge of the State Courts of Singapore and the Commandant’s Office Changi Prison Complex 9:50 AM
Justice Rut Betar-Gisber (RBG): Good morning Commandant! It is so nice to hear from you. I trust you are well?
Commandant Major Mamat bin Osman (MBO): I am in the best of health, your Ladyship. And how are you?
RBG: At my age, the best that can be wished for is to continue, and that I am doing.
MBO: I can assure you many in the Republic are very thankful for that!
RBG: So kind of you, Major. What can I do for you this morning?
MBO: I’m asking regarding the case of Barbara Ann Moore, who was committed to our “permanent” care yesterday. Although I have handled such cases before, I recognize that this case has drawn the attention of some of the most distinguished persons in the Republic and, of course, involves a foreign national. I believe that it demands the most proper and professional attention. Therefore, I would like to ask you a few quick questions to ensure I proceed properly. I apologize if I am interrupting your valuable work in the court.
RBG: Not at all, Major. It is a quiet morning. They don’t need me much; they regard me as ready to be put out to pasture.
MBO: Ha! You could do the work of half of our judiciary!
RBG: Not anymore, I fear, Major. But my time right now is yours. Please ask your questions and I shall endeavor to respond in a useful manner.
MBO: Thank you, your Ladyship. First, I would like to be clear on the appeal process. I understand that the case will be automatically appealed to the Appeal Court and to the President?
RGB: All death penalties generate a writ of certiorari, that is, an appeal accepted, by the Appeal Court, which is, as you know the higher lever section of our Supreme Court. If the appeal is subsequently denied, then the President, on the advice of the Cabinet, may grant clemency. However, a formal appeal to the President is not required.
MBO: Just as I understood. Of course, while the appeal is pending, the death sentence may not be carried out.
RGB: Of course.
MBO: And the timing of that?
RGB: As you probably know, as Presiding Judge, I set the docket for the Appeal Court. I was just looking at their calendar and I intend to set the hearing for one week from today, Tuesday, April 2nd. The hearing will be held and completed on that day.
MBO: And a decision?
RGB: That is not precisely specified. The Appeal Court likes to take some time in handing down their death penalty decisions to show that they take it seriously. They do uphold over 90% of these. Between you and me, we can usually count on them deciding and issuing their order within another five or six days. Since that includes a weekend, I am pretty confident that they will issue their order on Monday, April 8th. If they let the sentence stand, they will issue an affermatio per curiam. If they disagree with the sentence, they will issue a writ of remandare, sending the case back to the lower court with instructions to change the verdict or sentence.
Either way you will receive a copy of the order immediately on issuance. So, again, I would expect that on the 8th.
MBO: And then, if affirmed, I am free to execute the sentence?
RGB: Correct. Though you know that decorum and the opportunity to notify those who will attend the execution usually calls for another delay of four days. That also allows a window for the President to intervene if he wishes.
MBO: Of course. And to allow plenty of time for the official television broadcast to be arranged. I count that to Friday, April 12th. You have been most helpful, your Ladyship. Now, just one other matter, the caning prescribed. I understand that doesn’t have to wait for the appeal?
RGB: No, the automatic granting of certiorari does not apply to a caning. That would only happen if Miss Moore’s attorney petitions for a writ and he has not indicated that he will. Even then the Appeal Court would have to grant the petition and, in my experience, they rarely do. Therefore, you may feel free to proceed with the caning whenever it is convenient for the prison. Do, however, let me know when it will occur.
MBO: You may be sure that I will. Which brings up my final issue. I have concerns that a sentence of 40 strokes with the ten percent discretion allowing forty-four, risks possible death to the prisoner.
RGB: Oh dear! Do you really think so? We have carried out such sentences before without the convicted dying.
MBO: Yes, your Ladyship, but those were, in the main, strong male prisoners who on several occasions did suffer permanent debilitating injuries. In the case of Miss Moore, she is significantly less robust than those men were. While I’m not concerned with permanent injury if she is to be executed, it would be a possible embarrassment if the death sentence were overturned.
RGB: Between you and me, Major, I can guarantee that won’t happen. However, I understand your concerns especially for her life. What do you propose? Surely you aren’t requesting clemency?
MBO: No. No, of course not. I always execute the orders of the court without mercy! I simply propose that I split up the number. I would propose twenty (up to twenty-two) in three days, this Friday, the 9th. The second twenty could then be administered a week later on the following Friday. I believe that with the excellent medical care of our chief prison physician Dr. Liú, Barbara will recover adequately between these sessions to endure the full sentence. And that would give her also time to be somewhat healed before her execution.
RGB: Excellent suggestion, Major! I believe that will also allow her to more fully experience the punishment. Excellent. So you will start this Friday?
MBO: With your permission.
RGB: You have it, Major. I am most pleased with your work. Most pleased. Be sure to send me..ah…nine VIP tickets to each caning as well as the execution. I have some debts to pay.
MBO: Of course, your Ladyship, debts must be paid! (The Major hid his disappointment at giving away so many tickets that could have been sold for a good price.) Thank you for your indulgence!
RGB: Think nothing of it Major. I am pleased to have a “friend” like you!
MBO: You honor me, Your Ladyship!
Call Ended
Sepuluh Phone Call between the Chambers of the Presiding Judge of the State Courts of Singapore and the Commandant’s Office Changi Prison Complex 9:50 AM
Justice Rut Betar-Gisber (RBG): Good morning Commandant! It is so nice to hear from you. I trust you are well?
Commandant Major Mamat bin Osman (MBO): I am in the best of health, your Ladyship. And how are you?
RBG: At my age, the best that can be wished for is to continue, and that I am doing.
MBO: I can assure you many in the Republic are very thankful for that!
RBG: So kind of you, Major. What can I do for you this morning?
MBO: I’m asking regarding the case of Barbara Ann Moore, who was committed to our “permanent” care yesterday. Although I have handled such cases before, I recognize that this case has drawn the attention of some of the most distinguished persons in the Republic and, of course, involves a foreign national. I believe that it demands the most proper and professional attention. Therefore, I would like to ask you a few quick questions to ensure I proceed properly. I apologize if I am interrupting your valuable work in the court.
RBG: Not at all, Major. It is a quiet morning. They don’t need me much; they regard me as ready to be put out to pasture.
MBO: Ha! You could do the work of half of our judiciary!
RBG: Not anymore, I fear, Major. But my time right now is yours. Please ask your questions and I shall endeavor to respond in a useful manner.
MBO: Thank you, your Ladyship. First, I would like to be clear on the appeal process. I understand that the case will be automatically appealed to the Appeal Court and to the President?
RGB: All death penalties generate a writ of certiorari, that is, an appeal accepted, by the Appeal Court, which is, as you know the higher lever section of our Supreme Court. If the appeal is subsequently denied, then the President, on the advice of the Cabinet, may grant clemency. However, a formal appeal to the President is not required.
MBO: Just as I understood. Of course, while the appeal is pending, the death sentence may not be carried out.
RGB: Of course.
MBO: And the timing of that?
RGB: As you probably know, as Presiding Judge, I set the docket for the Appeal Court. I was just looking at their calendar and I intend to set the hearing for one week from today, Tuesday, April 2nd. The hearing will be held and completed on that day.
MBO: And a decision?
RGB: That is not precisely specified. The Appeal Court likes to take some time in handing down their death penalty decisions to show that they take it seriously. They do uphold over 90% of these. Between you and me, we can usually count on them deciding and issuing their order within another five or six days. Since that includes a weekend, I am pretty confident that they will issue their order on Monday, April 8th. If they let the sentence stand, they will issue an affermatio per curiam. If they disagree with the sentence, they will issue a writ of remandare, sending the case back to the lower court with instructions to change the verdict or sentence.
Either way you will receive a copy of the order immediately on issuance. So, again, I would expect that on the 8th.
MBO: And then, if affirmed, I am free to execute the sentence?
RGB: Correct. Though you know that decorum and the opportunity to notify those who will attend the execution usually calls for another delay of four days. That also allows a window for the President to intervene if he wishes.
MBO: Of course. And to allow plenty of time for the official television broadcast to be arranged. I count that to Friday, April 12th. You have been most helpful, your Ladyship. Now, just one other matter, the caning prescribed. I understand that doesn’t have to wait for the appeal?
RGB: No, the automatic granting of certiorari does not apply to a caning. That would only happen if Miss Moore’s attorney petitions for a writ and he has not indicated that he will. Even then the Appeal Court would have to grant the petition and, in my experience, they rarely do. Therefore, you may feel free to proceed with the caning whenever it is convenient for the prison. Do, however, let me know when it will occur.
MBO: You may be sure that I will. Which brings up my final issue. I have concerns that a sentence of 40 strokes with the ten percent discretion allowing forty-four, risks possible death to the prisoner.
RGB: Oh dear! Do you really think so? We have carried out such sentences before without the convicted dying.
MBO: Yes, your Ladyship, but those were, in the main, strong male prisoners who on several occasions did suffer permanent debilitating injuries. In the case of Miss Moore, she is significantly less robust than those men were. While I’m not concerned with permanent injury if she is to be executed, it would be a possible embarrassment if the death sentence were overturned.
RGB: Between you and me, Major, I can guarantee that won’t happen. However, I understand your concerns especially for her life. What do you propose? Surely you aren’t requesting clemency?
MBO: No. No, of course not. I always execute the orders of the court without mercy! I simply propose that I split up the number. I would propose twenty (up to twenty-two) in three days, this Friday, the 9th. The second twenty could then be administered a week later on the following Friday. I believe that with the excellent medical care of our chief prison physician Dr. Liú, Barbara will recover adequately between these sessions to endure the full sentence. And that would give her also time to be somewhat healed before her execution.
RGB: Excellent suggestion, Major! I believe that will also allow her to more fully experience the punishment. Excellent. So you will start this Friday?
MBO: With your permission.
RGB: You have it, Major. I am most pleased with your work. Most pleased. Be sure to send me..ah…nine VIP tickets to each caning as well as the execution. I have some debts to pay.
MBO: Of course, your Ladyship, debts must be paid! (The Major hid his disappointment at giving away so many tickets that could have been sold for a good price.) Thank you for your indulgence!
RGB: Think nothing of it Major. I am pleased to have a “friend” like you!
MBO: You honor me, Your Ladyship!
Call Ended