DEATHS OF OFFICER CADET TAN PENG KIAN AND PTE LEOW KOK BENG

Mr J.B. Jeyaretnam asked the First Deputy Prime Minister and Minister for Defence whether the Committees of Inquiry appointed to inquire into the deaths of Pte Leow Kok Beng, National Serviceman, on the 31st of January 1985 and Officer Cadet Tan Peng Kian on the 2nd of February 1985 have completed their investigations and submitted their reports and whether the Minister will make available to Parliament the reports.

BG Lee Hsien Loong (for the First Deputy Prime Minister and Minister for Defence): Mr Speaker, Sir, the inquiries into the deaths of national servicemen of PTE Leow Kok Beng and OCT Tan Peng. Kian are still in progress. They are expected to be completed by early May 1985.

The Minister for Defence stated in written answer to a similar question by the Member for Anson on 19 October 1984, that the death of a serviceman, especially a national serviceman, is a matter of grave concern, not only to the Ministry of Defence, but also to the general public. He gives the assurance again that whenever a serviceman is killed or seriously injured in service, the Armed Forces Council, chaired by the Minister for Defence, directs an investigation into the matter. The board of inquiry is chaired by a senior officer from a different unit, or even a different Ministry, who has nothing to do with the incident. It investigates not only the immediate cause of the death or injury, but also the training the serviceman was involved in, and whether remedial or disciplinary actions are called for. The board reports directly to the Armed Forces Council, which follows up the case with the full resources of the Ministry of Defence.

As for making public the results of the investigations, under the law, the deaths of PTE Leow and OCT Tan would be the subject of Coroner's inquiries. All facts relevant and material to their deaths would be investigated by the police and tendered in evidence to the State Coroner. The practice in the Coroner's Inquiries is to allow the next-of-kin of the deceased persons, either by themselves or their solicitors, to examine and challenge these facts, and also to tender their own evidence, if any. All these would be evaluated by the State Coroner who would make his findings accordingly. Coroner's Inquiries are public inquiries, Their proceedings are open to public scrutiny. The findings of the Coroner would be conclusive as regards the death of the deceased persons.

The boards of inquiry established by the Minister for Defence do not have the powers of the State Coroner, and rightly so. Their witnesses are not protected by the same rules of evidence as those that apply in the courts. The publication of the board's reports could therefore meet with legal difficulties. Besides, there may be security objections in making public the reports, as the boards investigate also the training the servicemen were involved in and the remedial actions to be taken. It is therefore unnecessary and inappropriate to make public the reports into the deaths of PTE Leow and OCT Tan.

Mr J.B. Jeyaretnam (Anson): Mr Speaker, Sir, may I enquire from the Minister of State whether the reports of the Committees of Inquiry, or are they Boards of Inquiry in these present cases, will be submitted to the Coroner?

BG Lee Hsien Loong: Mr Speaker, Sir, the reports in this case will be from the Committees of Inquiry. They will not be submitted to the Coroner because they are not admissible evidence under the law.

Mr Jeyaretnam: Mr Speaker, Sir, may I know whether the witnesses, if any, who are heard by these Committees will be produced before the Coroner?

BG Lee Hsien Loong: Mr Speaker, Sir, I think the learned Member for Anson is aware of the procedures for Coroner's inquiries. The Coroner has the power to call any witnesses he thinks fit.

Mr Jeyaretnam: Mr Speaker, Sir, I am aware of those powers. Is the Minister aware that unless the Coroner knows who the potential witnesses are, he cannot issue a subpoena for them to attend b&ore him? The question is, will the military make available to him the full details of the investigation. Secondly, will the reports be made available to the parents at least?

BG Lee Hsien Loong: Mr Speaker, Sir, the Coroner works on the basis of a police investigation, which proceeds independently of the SAF investigation. He knows which witness he wishes to call. As I have stated, the report of the Committees of Inquiry and boards of inquiry are privileged documents, and they are therefore not given to anybody outside of the working agencies.

Mr Jeyaretnam: Is the Hon. Minister aware that in the case of OCT Tan Peng Kian, his family had been given conflicting reports about the time of the death of this officer?

BG Lee Hsien Loong: Mr Speaker, Sir, I think we are entering into the facts of the case, which I am very reluctant to do because the Coroner has not yet ruled. I would say that issues such as time of death are questions of fact, not of opinion, and they will be determined by the Coroner and by the police investigation, and that the SAF will abide by whatever the facts are as they come out.

Mr Jeyaretnam: Finally, is the Minister aware that this family was not informed at least, I am told, three hours after the officer's death? Is there any reason for this delay ?

BG Lee Hsien Loong: Mr Speaker, Sir, I do not see the relevance of the supplementary question to the original one.