Romanian Diplomat in Hit-and-run Accident in Singapore

[convoy]

This is a hit-and-run accident in Singapore which happened in December last year which injured two person and killed one. This involved a Romanian diplomat which has fled the country back to Romania. But even if he stayed in Singapore, there is not much Singapore can do due to the Vienna Convention.

http://www.channelnewsasia.com/stori...033357/1/.html

Police investigations reveal Dr Ionescu was driver of car that hit 3 people last month
By Shaffiq Alkhatib, Channel NewsAsia | Posted: 27 January 2010 1430 hrs

SINGAPORE: Police investigations have revealed that Romanian diplomat, Dr Silviu Ionescu was the driver of the car involved in a hit-and-run accident on December 15 last year.

The accident resulted in the death of 30-year-old Singapore permanent resident, Tong Kok Wai, and injured two others.

The coroner's inquiry will begin on March 3 and at least 35 witnesses will be called.

The car from the Romanian Embassy allegedly hit Tong Kok Wai and another pedestrian, 24-year old Bong Hwee Haw as they were crossing the road at the junction of Bukit Panjang and Bangkit Roads.

The court heard that instead of stopping, the car sped off.

It then hit 18-year-old Muhammad Haris Abu Talib at the next controlled junction.

Deputy Principal Senior State Counsel Prosecutor Lau Wing Yum told the Coroner's Court that in both instances, the traffic lights were in favour of the pedestrians.

Mr Lau said Dr Silviu Ionescu made a 999 call about 30 minutes after the accidents to report that the car, a black Audi had been stolen.

However, Police investigations showed the car wasn't stolen.

It was recovered at around 11am that day, locked and abandoned at 21 Sungei Kadut Avenue.

Mr Lau said the right side of the car's front windscreen was smashed. The front bonnet and the driver's door were dented.

The man allegedly behind the wheel, Dr Ionescu, left Singapore for his country on December 18.

He had said then that he was seeking treatment for health problems.

Responding to MediaCorp's queries, a Romanian embassy spokesperson, Economic Counselor Alexander Nicolae Coseru, said it's not aware of the investigation results.

He said the embassy will follow Singapore's procedures and participate in the coroner's inquiry.

It's not known if Mr Ionescu will return for the court proceedings.

Said Mr Coseru: "We have to wait and see what happens. We will follow the Singapore authorities' procedure. We will participate in the coroner's court inquiry and we will see the final results of the Singapore procedures."

The Romanian Foreign Ministry has since recalled Dr Ionescu, from his post.

All three pedestrians who were involved in the accidents were sent to the National University Hospital.

However, Mr Tong who suffered fractures to his right leg and skull, succumbed to his injuries and died on Christmas Day, 10 days after the accident.

Coroner's inquiry aside, there's another case looming now. MediaCorp understands that one of the surviving victims, Bong Hwee Haw wants to be compensated for his injuries.

His lawyer said Mr Bong had incurred hospital bills amounting to nearly S$50,000. The pre-inquiry conference for that case will be held next month.

Mr Bong has engaged a team led by N Srinivasan from Hoh Law Corporation.

Mr Srinivasan told reporters that his client has already returned to Sarawak.

The pre-inquiry conference for this case will be held on February 24.

Both Romania and Singapore are parties of the Vienna Convention on diplomatic relations.

The Convention states that "a diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State...the immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State".

This means the penal investigation in a case in which a diplomat is involved in the receiving state takes place in the state whose citizen he is. - CNA/vm

[Guo Xiang]

I'd bet this case will stay quiet, and life will go on as though the accident never happened and its victims never existed.

[Guo Xiang]

An email interview with the victim's wife:

http://www.temasekreview.com/2010/01...-tong-kok-wai/

I noticed she said the family was forced to turn off the life support for him... so that his organs could be harvested.

That's... inhumane...

Temasek Review:

It has been three weeks since the accident took place. It was reported in the papers that you were the one who made the decision to turn off the life support for Mr Tong and donate his organs. It must be a heart-wrenching decision for you to make. Can you share with us what’s going through your mind during that time?

Yenny:

Actually it’s not my decision only. It’s a decision made by the entire family. We discussed this a lot of time before we finally decided to let him go. We wished we could have more time but we were given deadline until 25 Dec only. As for the organ donation, since he is a PR and did not opt out for HOTA, he had to donate his organ. We were against the idea as we wanted him to pass away naturally — meaning the heart stop by itself. But the HOTA staff did not allow us to do so, they kept on pressuring us to take off his life support. We begged repeatedly but they refuse to listen to our pleas. In the end, we got the HOTA co-ordinator in charge into trouble too as he took pity on us. We think that since the way my husband passed away is too inhuman, we wanted to let him go in peace and in one piece.. but .. law is law … there is nothing much I can do to against the law..

[kidd]

As for the organ donation, since he is a PR and did not opt out for HOTA, he had to donate his organ. We were against the idea as we wanted him to pass away naturally — meaning the heart stop by itself. But the HOTA staff did not allow us to do so, they kept on pressuring us to take off his life support. We begged repeatedly but they refuse to listen to our pleas. In the end, we got the HOTA co-ordinator in charge into trouble too as he took pity on us.

http://www.geraldtan.com/medaffairs/hota.html#opt1

16 years after the controversial Human Organ Transplant Act (Hota) came into being, ..., Acting Health Minister Khaw Boon Wan said in moving an expanded version of the Act, Singaporeans have become more familiar with the notion of presumed consent and brain death.

Indeed, more Singaporeans now appear to accept that presumed consent - where organs of the dead can be taken unless prior objection has been made by opting out - is necessary if the legislation is to be used to save as many lives as possible.

So, does this mean that if you are a Singaporean or a PR, you will have to donate your organs unless you apply to op-out from the scheme beforehand?

Btw, if you are a Muslim, you don't have to donate.
http://www.geraldtan.com/medaffairs/hota.html#opteasy

Hota was conceived as an opt-out system whereby all non-Muslim Singapore Citizens and Permanent Residents between the age of 21 and 60 years are included under unless they opt out.

[Bei Rongkun]

that's important knowledge to know for someone like me who stay in singapore

is it a "discrimination" toward moslem for not having this "priviledge" ??

[Guo Xiang]

Muslims were included as of August 1, 2008.

Opt-out means you are jumping right into another cesspit. Opting-out will forfeit your right to receive an organ transplant should you need it someday - you will be the last of the last on the list at the very least.

is it a "discrimination" toward moslem for not having this "priviledge" ??

Probably a political move. Singapore is surrounded by Muslim countries.

[Banh Mi]

Opt-out means you are jumping right into another cesspit. Opting-out will forfeit your right to receive an organ transplant should you need it someday - you will be the last of the last on the list at the very least.

That sounds fair though.

[kidd]

Will the act become wider and wider?

http://www.hospitals.sg/singapore-mu...ded-under-HOTA

Background on HOTA
The original HOTA was enacted in 1987 to allow kidneys of mortal accident victims to be transplanted to kidney disease patients. Since 2004, the Act was amended to also cover livers, hearts and corneas, and under all circumstances of death of potential donors. See more information on HOTA at the Ministry of Health's website.

Interesting point to ponder
http://singaporealternatives.blogspo...plant-act.html

[Lucre]

I'd bet this case will stay quiet, and life will go on as though the accident never happened and its victims never existed.

it has always been the case here ~they are so good at harshing most of the time the average citizen wouldnt even hear of it.

[kidd]

it has always been the case here ~they are so good at harshing most of the time the average citizen wouldnt even hear of it.

Well, maybe the Romanian government will be responsible and deal with the case appropriately.

[Lucre]

Well, maybe the Romanian government will be responsible and deal with the case appropriately.

maybe. just that im more used to authorities being corrupt...its almost very difficult to imagine theres much justice left in the mortal world.

[kidd]

maybe. just that im more used to authorities being corrupt...its almost very difficult to imagine theres much justice left in the mortal world.

Yeah, I think all governments are corrupt to a certain degree. Haha, justice is for the rich and powerful only.

[Guo Xiang]

Yeah, I think all governments are corrupt to a certain degree. Haha, justice is for the rich and powerful only.

And health.

The government thought of legalising organ trade or something to that point only because a rich businessman tried to buy a kidney for himself. Of course he wasn't jailed for a long time.

[Ren Wo Xing]

Criminal lawsuit is out because of diplomatic immunity, but that doesn't extend to civil lawsuits related to traffic accidents. That's one possible avenue by which the victims can attempt to get redress...

[Guo Xiang]

Criminal lawsuit is out because of diplomatic immunity, but that doesn't extend to civil lawsuits related to traffic accidents. That's one possible avenue by which the victims can attempt to get redress...

Shouldn't the immunity be void in such cases? How else to protect the rights of ordinary citizens? Why isn't anything being done when the immunity is being abused?

Now it's all dependent on Romania, but will they even charge the man in the first place, or seek to protect him? I won't be surprised if it's the latter, but it will be ugly.

[kidd]

And health.

The government thought of legalising organ trade or something to that point only because a rich businessman tried to buy a kidney for himself. Of course he wasn't jailed for a long time.

Oh, I read about the case. The worst is the middleman who want to pocket 99.9% of the money. Heartless.

Which is better? You sell you organs for money or government forcefully terminate your life-support to cultivate your organs?

[Guo Xiang]

Oh, I read about the case. The worst is the middleman who want to pocket 99.9% of the money. Heartless.

Which is better? You sell you organs for money or government forcefully terminate your life-support to cultivate your organs?

Depends on your circumstances. For the poor and destitute, selling the organs would be a much better choice.

But that's the point, isn't it? Whether there are such laws or not, the poor will ultimately be the ones to lose out, and legalising it seems to be an approval to abuse the desperate situations of the poor.

[Ren Wo Xing]

Shouldn't the immunity be void in such cases? How else to protect the rights of ordinary citizens? Why isn't anything being done when the immunity is being abused?

Now it's all dependent on Romania, but will they even charge the man in the first place, or seek to protect him? I won't be surprised if it's the latter, but it will be ugly.

Diplomatic immunity can only be voided when the diplomat's country 'waives' the immunity; even the diplomat himself can't waive it, it has to be his government. The most the host country can do is formally expel the diplomat by declaring him 'persona non grata'.

Some countries simply almost never waive diplomatic immunity; the rest usually waive them only in extremely serious cases, involving espionage, sabotage, death/murder, etc. etc. In this case in specific, I'm not sure it can even be called 'abuse' of diplomatic immunity; abuse would be intentionally committing crimes while knowing that one is protected by diplomatic immunity. This appears to be a tragic accident (albeit one caused by what is known as 'vehicular manslaughter').

The reason host governments aren't given the power to void/ignore the immunity is because abusing diplomatic immunity is, as cold as it may sound, relatively rare and generally results in limited damage to the national interest (even in cases involving death), whereas the possibility that host governments might abuse the power to ignore diplomatic immunity and arrest diplomats for political reasons could result in the undermining of the entire Vienna Convention on Diplomatic Rights, ie, result in the undermining of international diplomacy.

[Bei Rongkun]

that's quite true by RWX.

meanwhile Singapore is a small area and by now the whole island probably know the story, thanks to Singapore media (sarcasm mode on) and internet, that's already a punishment to the offender.

[Guo Xiang]

that's quite true by RWX.

meanwhile Singapore is a small area and by now the whole island probably know the story, thanks to Singapore media (sarcasm mode on) and internet, that's already a punishment to the offender.

It's not a punishment. How is that considered a punishment? The victim didn't get slapped. He DIED.

This appears to be a tragic accident (albeit one caused by what is known as 'vehicular manslaughter').

The initial part was an accident, the rest wasn't. He tried to get out of it by continuing to speed which knocked down another two people (whom he did not care about either), by lying, shifting blame and escaping Singapore with a poor excuse.