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S'pore agrees not to cane alleged StanChart robber if UK extradites him

SINGAPORE ― Standard Chartered (StanChart) bank robbery suspect David James Roach will not be caned if he is extradited to Singapore and found guilty of the crime, the Singapore Government has assured United Kingdom (UK) authorities.

A photo said to be of David James Roach, the suspected StanChart robber.

A photo said to be of David James Roach, the suspected StanChart robber.

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SINGAPORE ― Standard Chartered (StanChart) bank robbery suspect David James Roach will not be caned if he is extradited to Singapore and found guilty of the crime, the Singapore Government has assured United Kingdom (UK) authorities.

“As part of extradition proceedings, the UK Government has requested an assurance that if Roach were to be found guilty by a Singapore Court of robbery, the sentence of corporal punishment will not be carried out,” said the Ministry of Home Affairs (MHA) in a media release on Tuesday (Feb 20). 

“The Singapore Government has agreed to the UK authorities’ request. UK extradition laws prohibit UK from extraditing Roach to Singapore in the absence of such an assurance,” the ministry said.

On July 7, 2016, Roach, 28, allegedly made off with S$30,000 from Stanchart’s Holland Village branch. The Canadian fled to Bangkok on the same day and was arrested in a backpackers’ hostel three days later.

Thai authorities rejected Singapore’s request to extradite Roach to face charges here, and decided to deport him to Canada in January after his release from jail.

On Jan 11, Roach was arrested at London’s Heathrow Airport by British police, following a request from Singapore authorities. The Republic has an extradition treaty with Britain, but not with Thailand.

Singapore is seeking the extradition of Roach - who told a court in London earlier this month that he is contesting the proceedings - on one count of robbery and another count of money laundering. Both offences carry maximum imprisonment terms of 10 years, said the MHA.

Under Section 392 of Singapore’s Penal Code, a person convicted of robbery can be jailed up to 10 years and faces at least six strokes of the cane.

“The provision of the assurance is being done to try and ensure that Roach does not escape justice, and does not affect the general position taken by Singapore on corporal punishment. The UK Courts will decide whether to extradite Roach,” added the ministry.

Such assurances by the Singapore authorities are not unprecedented, said lawyers.

A previous case was the 2002 “Orchard Towers double murder” involving Briton Michael McCrea, who had fled the country after killing his driver and the latter’s girlfriend. Their bodies were found in a car abandoned at Orchard Towers' carpark.

McCrea was extradited from Australia to Singapore on the assurance that he would not face the death penalty here if convicted of murder. 

He eventually pleaded guilty to culpable homicide and was sentenced to 24 years’ jail in 2006.

A Ministry of Law spokesman had said at the time: “Without the undertaking, extraditing McCrea and bringing him to justice is not possible. We will then have a situation where an accused will completely escape trial in Singapore or elsewhere.”

“Diplomatic assurances are not legally binding and would not amount to legal precedent. Caning is mandatory for a conviction of robbery,” said Mr Choo Zheng Xi, a director at Peter Low & Choo. “What MHA’s assurance means is that, if Roach were to be convicted of robbery, his sentence of caning would have to be commuted by the President of Singapore on the advice of Cabinet. Under existing case law, the President would have to act on the advice of Cabinet.” 

Ideally, Singapore should not be held ransom by foreign governments when it comes to extradition requests, said criminal lawyer Sunil Sudheesan. But the assurance means Roach would at least be punished to some extent if convicted.

“Otherwise he would be overseas… he won’t be punished in Singapore for the wrong that he did, which is quite a serious offence if he is found guilty,” said Mr Sudheesan. 

In June 2017, Roach was sentenced to 14 months’ jail by a court in Thailand for smuggling cash into the country. The amount he took into the country – believed to be the S$30,000 from StanChart – violated money-laundering and customs laws there.

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