Singapore
By Lydia Lam 25 May 2021 12:23PM (Updated: 25 May 2021 12:30PM )
SINGAPORE: A man whose son committed suicide after being accused of sexual misconduct is suing the Debate Association (Singapore), where his son used to be a programme director, for damages.
Mr Lawrence Li See Kit is suing the association as the personal representative of Mr Lucas Li Guangsheng, who died aged 31 on Aug 8, 2018 by suicide.
He claims negligence by the association in the way they handled investigations and publication of allegations against Lucas, and alleges that their actions led to Lucas' suicide when the association and its members knew of Lucas' mental condition and risk of suicide.
According to court papers obtained by CNA, Lucas represented Singapore in international debate competitions in 2005 and was the founding director of the Debate Development Initiative (DDI) between 2012 and 2014.
The initiative was the Debate Association (Singapore)'s in-house training and development programme for young debaters.
SERIES OF EVENTS ACCORDING TO LUCAS' FATHER
On Aug 7, 2018, the association's executive committee issued a public statement about Lucas, without naming him. The statement, titled "Allegations of Misconduct Against A Former Director of the Debate Development Initiative" was published on the association's website and the Singapore Debaters' Facebook page by then-president of the EXCO, Ms Cherylyn Wee, the statement of claim said.
The statement alleged inappropriate behaviour by the former director, who moderated a WhatsApp chat group called DDI Darkness, where he allegedly exchanged sexual comments with chat group participants.
According to the statement, the ex-director pressured a member of the chat group to exchange explicit photos, which culminated in a sexual encounter he initiated.
The statement added that the EXCO decided to permanently ban the ex-director from all events held by the association, to notify partner organisations to prevent him from entering any competitions or camps he co-organised. The EXCO also said in its statement that it had decided to file a police report against the ex-director.
"Although the EXCO statement did not expressly name the deceased, it provided sufficient details for the public to determine that the allegations were directed against the deceased," said the plaintiff in his statement of claim.
The statement purportedly described Lucas' position and background, and added that identities of parties involved could be disclosed upon request.
According to the statement of claim, Lucas was a government scholar employed by statutory board Enterprise Singapore when he committed suicide.
The association had also notified Enterprise Singapore of the allegations on Aug 7, 2018, said the statement of claim.
It added that there were 10 members in the association's EXCO at the time and they voted on whether to take action against Lucas in light of the findings in an audit report at a meeting around July 2018.
CLAIMS ABOUT THE EXCO PRESIDENT
The plaintiff claims that Ms Wee, the president of the EXCO at the time, "pressured and/or influenced the other members of the EXCO to vote in favour of taking action against the deceased on the basis of the audit report prepared by the appointed auditors".
He further claims that Ms Wee "instigated, controlled and/or directed" the investigations against Lucas leading up to the audit report.
The plaintiff claimed that Ms Wee had "a strained relationship" with Lucas and was "resentful" of his role or influence as the former vice-president of the association and founder of the DDI programme.
While Lucas was singled out by Ms Wee for investigations and sanctioned by the EXCO, no action was taken against other members who were similarly accused, alleged the plaintiff.
After the EXCO statement was released, the allegations were widely reported by national media, said court documents filed by lawyers for Lucas' father.
"The publication of the EXCO statement caused severe shock, anxiety and distress to the deceased," said the statement of claim.
LUCAS' MENTAL CONDITION
Before the incident, Lucas suffered from cyclothymia, a mental disorder that involves periods of depression and mood swings, and he was a patient at the Institute of Mental Health from October 2017, where he was treated for having suicidal tendencies, court documents said.
"As a result of the EXCO statement, the deceased lapsed into an episode of severe depression and committed suicide on 8 August 2018 by jumping from a window in his home," said the papers prepared by lawyer Paul Ong.
He added that Lucas' depression and/or suicide risk status was "widely known" among the members of the association and the debate community, and the EXCO members knew or ought to have suspected at the time that Lucas was mentally vulnerable, or that their statement would likely cause severe psychological harm to Lucas or trigger suicidal thoughts in him.
According to the statement of claim, the decision to publish the statement was unlawful as there were no terms in the association's constitution giving it power to conduct disciplinary or investigative proceedings or take disciplinary action against a member.
Even if it was empowered to make the decision to publish the statement, this decision was unlawful, as the association had made it either in bad faith; arbitrarily, capriciously and or reasonably; and/or in breach of the rules of natural justice, claimed the plaintiff.
The document stated that there were no active complaints against Lucas at the time the association published the statement, and the chat group was intended by Lucas to be "a safe space" for members of the programme to discuss topics including personal issues.
There was no complaint at the time of the incident by any member of the chat group that the communications were inappropriate or offensive, said the plaintiff.
He added that the complaint about a physical sexual encounter between Lucas and a member of the chat group was "not credible", as the complainant had admitted to members of the association around March 2015 that there was no inappropriate contact with Lucas.
In the circumstances, the association's decision to publish the statement and suggest that Lucas was guilty of an arrestable criminal offence was in bad faith, said the statement of claim.
It added that the association had failed, refused or neglected to give Lucas adequate notice of the allegations against him and that it was investigating the allegations and considering disciplinary action.
The association also did not give Lucas a reasonable opportunity to respond to the allegations of misconduct and the findings of the audit report, said the plaintiff.
He was not shown the report nor interviewed by the auditors and he was not provided an opportunity to defend himself against the allegations as he found out about the statement on the day it was published, said the statement of claim.
It added that the auditors were active members of the debate community who knew Lucas and other EXCO members, and were not in a position to conduct an independent, fair and impartial investigation against him.
It also said that the association acted negligently in breach of the duty of care it owed Lucas as a member of the association.
DAMAGES SOUGHT FOR LUCAS' PARENTS
Court documents did not state a total amount of damages sought by Lucas' father, but stated his estimated future earnings.
Lucas had graduated from Brown University with a Bachelor of Arts degree (magna cum laude) in May 2011 and received a Master of Philosophy degree from the University of Cambridge in October 2012. In 2018, he received a Master of Science in Business Analytics from the National University of Singapore.
At the time of his death, he was employed as a development partner at Enterprise Singapore for a monthly salary of about S$6,000.
As his scholarship bond with Enterprise Singapore was ending in mid-August 2018, he was searching for a new position and had received offers from prospective employers with a minimum starting salary of around S$12,000, said the statement of claim.
He had good prospects of further career advancement and his monthly income would have risen in 10 years to at least S$20,000, it added. He made regular financial contributions to household expenses and gave his parents a monthly allowance.
Lucas' parents would have been primarily dependent on him for financial support, and by his wrongful death they have lost this means of support and suffered loss, damage and bereavement, court documents added.
The plaintiff is also seeking special damages including S$10,526 for funeral expenses, S$850 for a columbarium niche and S$2,030 for a grant of letters of administration.
On top of this, Lucas' father seeks an order requiring the association to remove the statement from all locations where it was published, and for it to publish another statement admitting its negligence and unlawful actions. He also seeks an apology to Lucas and his family for the harm and distress caused.
At the time of this report, the association, which is represented by Darren Tan and Joshua Tan from Invictus Law, has not filed its defence.
In response to CNA's queries, the president of the Debate Association (Singapore) Joel Law said he confirmed the lawsuit had been filed.
Mr Law added: "Given that the matter is currently before the Courts, we do not wish to comment on the matter save that we have appointed Invictus Law Corporation to act in the matter and that we will vigorously defend the lawsuit."
Where to get help:
Samaritans of Singapore Hotline: 1800 221 4444
Institute of Mental Health’s Helpline: 6389 2222
Singapore Association of Mental Health Helpline: 1800 283 7019
You can also find a list of international helplines here. If someone you know is at immediate risk, call 24-hour emergency medical services.
Source: CNA/ll
Continue reading...
Father sues Debate Association Singapore after his son committed suicide following sexual misconduct allegations
Lucas Li died by suicide on Aug 8, 2018. (Photo: Facebook/Tributes to Lucas Li)By Lydia Lam 25 May 2021 12:23PM (Updated: 25 May 2021 12:30PM )
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SINGAPORE: A man whose son committed suicide after being accused of sexual misconduct is suing the Debate Association (Singapore), where his son used to be a programme director, for damages.
Mr Lawrence Li See Kit is suing the association as the personal representative of Mr Lucas Li Guangsheng, who died aged 31 on Aug 8, 2018 by suicide.
He claims negligence by the association in the way they handled investigations and publication of allegations against Lucas, and alleges that their actions led to Lucas' suicide when the association and its members knew of Lucas' mental condition and risk of suicide.
According to court papers obtained by CNA, Lucas represented Singapore in international debate competitions in 2005 and was the founding director of the Debate Development Initiative (DDI) between 2012 and 2014.
The initiative was the Debate Association (Singapore)'s in-house training and development programme for young debaters.
SERIES OF EVENTS ACCORDING TO LUCAS' FATHER
On Aug 7, 2018, the association's executive committee issued a public statement about Lucas, without naming him. The statement, titled "Allegations of Misconduct Against A Former Director of the Debate Development Initiative" was published on the association's website and the Singapore Debaters' Facebook page by then-president of the EXCO, Ms Cherylyn Wee, the statement of claim said.
The statement alleged inappropriate behaviour by the former director, who moderated a WhatsApp chat group called DDI Darkness, where he allegedly exchanged sexual comments with chat group participants.
According to the statement, the ex-director pressured a member of the chat group to exchange explicit photos, which culminated in a sexual encounter he initiated.
The statement added that the EXCO decided to permanently ban the ex-director from all events held by the association, to notify partner organisations to prevent him from entering any competitions or camps he co-organised. The EXCO also said in its statement that it had decided to file a police report against the ex-director.
"Although the EXCO statement did not expressly name the deceased, it provided sufficient details for the public to determine that the allegations were directed against the deceased," said the plaintiff in his statement of claim.
The statement purportedly described Lucas' position and background, and added that identities of parties involved could be disclosed upon request.
According to the statement of claim, Lucas was a government scholar employed by statutory board Enterprise Singapore when he committed suicide.
The association had also notified Enterprise Singapore of the allegations on Aug 7, 2018, said the statement of claim.
It added that there were 10 members in the association's EXCO at the time and they voted on whether to take action against Lucas in light of the findings in an audit report at a meeting around July 2018.
CLAIMS ABOUT THE EXCO PRESIDENT
The plaintiff claims that Ms Wee, the president of the EXCO at the time, "pressured and/or influenced the other members of the EXCO to vote in favour of taking action against the deceased on the basis of the audit report prepared by the appointed auditors".
He further claims that Ms Wee "instigated, controlled and/or directed" the investigations against Lucas leading up to the audit report.
The plaintiff claimed that Ms Wee had "a strained relationship" with Lucas and was "resentful" of his role or influence as the former vice-president of the association and founder of the DDI programme.
While Lucas was singled out by Ms Wee for investigations and sanctioned by the EXCO, no action was taken against other members who were similarly accused, alleged the plaintiff.
After the EXCO statement was released, the allegations were widely reported by national media, said court documents filed by lawyers for Lucas' father.
"The publication of the EXCO statement caused severe shock, anxiety and distress to the deceased," said the statement of claim.
LUCAS' MENTAL CONDITION
Before the incident, Lucas suffered from cyclothymia, a mental disorder that involves periods of depression and mood swings, and he was a patient at the Institute of Mental Health from October 2017, where he was treated for having suicidal tendencies, court documents said.
"As a result of the EXCO statement, the deceased lapsed into an episode of severe depression and committed suicide on 8 August 2018 by jumping from a window in his home," said the papers prepared by lawyer Paul Ong.
He added that Lucas' depression and/or suicide risk status was "widely known" among the members of the association and the debate community, and the EXCO members knew or ought to have suspected at the time that Lucas was mentally vulnerable, or that their statement would likely cause severe psychological harm to Lucas or trigger suicidal thoughts in him.
According to the statement of claim, the decision to publish the statement was unlawful as there were no terms in the association's constitution giving it power to conduct disciplinary or investigative proceedings or take disciplinary action against a member.
Even if it was empowered to make the decision to publish the statement, this decision was unlawful, as the association had made it either in bad faith; arbitrarily, capriciously and or reasonably; and/or in breach of the rules of natural justice, claimed the plaintiff.
The document stated that there were no active complaints against Lucas at the time the association published the statement, and the chat group was intended by Lucas to be "a safe space" for members of the programme to discuss topics including personal issues.
There was no complaint at the time of the incident by any member of the chat group that the communications were inappropriate or offensive, said the plaintiff.
He added that the complaint about a physical sexual encounter between Lucas and a member of the chat group was "not credible", as the complainant had admitted to members of the association around March 2015 that there was no inappropriate contact with Lucas.
In the circumstances, the association's decision to publish the statement and suggest that Lucas was guilty of an arrestable criminal offence was in bad faith, said the statement of claim.
It added that the association had failed, refused or neglected to give Lucas adequate notice of the allegations against him and that it was investigating the allegations and considering disciplinary action.
The association also did not give Lucas a reasonable opportunity to respond to the allegations of misconduct and the findings of the audit report, said the plaintiff.
He was not shown the report nor interviewed by the auditors and he was not provided an opportunity to defend himself against the allegations as he found out about the statement on the day it was published, said the statement of claim.
It added that the auditors were active members of the debate community who knew Lucas and other EXCO members, and were not in a position to conduct an independent, fair and impartial investigation against him.
It also said that the association acted negligently in breach of the duty of care it owed Lucas as a member of the association.
DAMAGES SOUGHT FOR LUCAS' PARENTS
Court documents did not state a total amount of damages sought by Lucas' father, but stated his estimated future earnings.
Lucas had graduated from Brown University with a Bachelor of Arts degree (magna cum laude) in May 2011 and received a Master of Philosophy degree from the University of Cambridge in October 2012. In 2018, he received a Master of Science in Business Analytics from the National University of Singapore.
At the time of his death, he was employed as a development partner at Enterprise Singapore for a monthly salary of about S$6,000.
As his scholarship bond with Enterprise Singapore was ending in mid-August 2018, he was searching for a new position and had received offers from prospective employers with a minimum starting salary of around S$12,000, said the statement of claim.
He had good prospects of further career advancement and his monthly income would have risen in 10 years to at least S$20,000, it added. He made regular financial contributions to household expenses and gave his parents a monthly allowance.
Lucas' parents would have been primarily dependent on him for financial support, and by his wrongful death they have lost this means of support and suffered loss, damage and bereavement, court documents added.
The plaintiff is also seeking special damages including S$10,526 for funeral expenses, S$850 for a columbarium niche and S$2,030 for a grant of letters of administration.
On top of this, Lucas' father seeks an order requiring the association to remove the statement from all locations where it was published, and for it to publish another statement admitting its negligence and unlawful actions. He also seeks an apology to Lucas and his family for the harm and distress caused.
At the time of this report, the association, which is represented by Darren Tan and Joshua Tan from Invictus Law, has not filed its defence.
In response to CNA's queries, the president of the Debate Association (Singapore) Joel Law said he confirmed the lawsuit had been filed.
Mr Law added: "Given that the matter is currently before the Courts, we do not wish to comment on the matter save that we have appointed Invictus Law Corporation to act in the matter and that we will vigorously defend the lawsuit."
Where to get help:
Samaritans of Singapore Hotline: 1800 221 4444
Institute of Mental Health’s Helpline: 6389 2222
Singapore Association of Mental Health Helpline: 1800 283 7019
You can also find a list of international helplines here. If someone you know is at immediate risk, call 24-hour emergency medical services.
Source: CNA/ll
Continue reading...