SAF captain accused of causing NSF Dave Lee’s death granted discharge not amounting to acquittal

SINGAPORE: A Singapore Armed Forces (SAF) captain who was charged in 2018 with causing the death of a full-time national serviceman (NSF) by a rash act has been granted a discharge not amounting to an acquittal, the Attorney-General's Chambers (AGC) said on Wednesday (Feb 5).

Captain Tan Baoshu, 31, was charged in October 2018 with causing the death of NSF Dave Lee Han Xuan by a rash act not amounting to culpable homicide.

Corporal First Class (CFC) Lee died aged 19 in April 2018, after suffering heatstroke following an 8km fast march.

CPT Tan was the supervising officer of the march and was accused of failing to evacuate him in a timely manner. He was also accused of not allowing the necessary treatment to be administered to CFC Lee, causing the latter's death from heat stroke.

CPT Tan had been set to go to trial over the single charge, which drew a maximum jail term of five years, a fine, or both, if convicted.

In response to CNA queries, an AGC spokesperson said the court had granted CPT Tan a discharge not amounting to an acquittal in chambers on Jan 8 this year. This means the prosecution will stop pursuing the charge, but does not mean that the accused is acquitted.

An AGC spokesperson told CNA that CPT Tan "has been diagnosed with Stage 4 cancer".

According to the Criminal Procedure Code, the public prosecutor may decline to further prosecute at any stage of the trial.

According to Section 232 of the code, "the public prosecutor may, if he thinks fit, inform the court that he will not further prosecute the accused upon the charge, and the proceedings on the charge against the accused must then be stayed and he shall be discharged from and of the same".

CNA has contacted CPT Tan's defence lawyer for comment.