Missing the mark by a mile? – City harvest verdict

February 8, 2018

This is my lay understanding of what may have transpired in the final verdict of the city harvest case. Do feel free to offer any corrections if you believe that I am under a misapprehension of fact, simply wrong or perhaps dumber than dumb in my analysis….so this is how I understand it.

There has always existed a loophole in the law concerning criminal breach of trust.

Despite this unplugged gap in the enabling act, the judiciary has in the past responded by relying implicitly on the doctrine of precedent to deal with this deficit.

For many years subsequent judgements consistently upheld preceding judigements based on the case law of past precedents thereby eliminating the need for a new enabling act to specifically address the limits of the current act…..but for some reason out of the blue when it came to the city harvest case, the judiciary not only disregarded the case law based on doctrine of precedent. They even saw fit in this case to apply a literal interpretation on the current enabling act which specifically makes it possible for the Kong Hee & gang to get a reduced sentenced based on a technicality…did I get it right?

So this begs the question. Why did panel of judges in the CHC case depart from their normal convention of adhering to the doctrine of precedent?

Is there some legal extraneous ratio that accounts for this sudden and unexpected U turn? Did the panel of judges in this case discover something extraordinary in this case that differed from preceding cases involving CBT that warranted this ‘shift’. Or is there a supernatural explanation to all this…like how bushes might be able to talk to people

I do not understand. Can someone kindly explain to me what is actually happening.

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