'Sovereign' woman jailed and fined for failing to go to police station and court, spitting at police

SINGAPORE: A woman who defied police instructions when she was being investigated for contempt of court was sentenced to eight weeks' jail and fined S$4,200 on Tuesday (Jul 25).

Tarchandi Tan, who changed her name from Lee Hui Yin last year, had been convicted of five charges after contesting them.

These are for refusing to attend police investigations or turn up in court and for spitting at the police.

The 53-year-old woman's troubles began when she allegedly made a ruckus in the trial of anti-masker Briton Benjamin Glynn in August 2021.

She is accused of saying "this is ridiculous kangaroo court" and "I do not respect the judge".

About a year later, when asked to, she did not show up at a police station for related investigations. She returned all letters sent to her address by mail and refused to engage with police when they knocked on her door.

When she was finally arrested and carried out of her flat, she resisted strongly and spat at officers.

Tan ran her own defence without a lawyer. She said she was not obliged to obey any of the orders given to her, as she was a "sovereign individual" and the police had no basis to require her to go to the police station or to court.

The judge rejected this argument, calling it "misconceived" and that the practical effect of the sovereign individual argument is that its proponents are "above the law and can pick and choose what laws they want to obey and to enforce". 

"This cannot be right. Such an argument is contrary to the rule of law and is a recipe for anarchy," said the judge.

On Tuesday, District Judge Kow Keng Siong clearly and slowly explained the procedure to her and asked her if she wanted to plead guilty to the two remaining charges relating to the "kangaroo court" comment. 

He explained the possible implications if she were to plead guilty, or claim trial.

Tan vacillated between her positions, initially saying she should plead guilty and "get it over with". The judge told her that if she did, she would not be able to claim that she was "innocent".

Tan was given a few chances to speak with her partner in court about what she wanted to do.

After conferring with her partner about three times, she declared that she would maintain her innocence and claim trial for the two remaining charges.

As a result, the judge proceeded with sentencing her for the first five charges relating to her resistance to the police.

The prosecutor asked for three months' jail and a fine left to the court.

THE ACCUSED MAINTAINS INNOCENCE

Asked to give her mitigation, Tan said: "I already said very clear. On all the charges, I'm innocent. I made my stance very clear. They arrested me with no warrant, they have no body cameras switched on ... so I'm innocent."

She added: "You (the judge) can sentence as you deem fit. God will have the final judgment. When God is done with the fellas upstairs, they're (going to) have no hair left!"

The prosecutor said this supposed mitigation showed only her lack of remorse.

"How can I have remorse when I am innocent?" retorted Tan. "They bruised me. I was molested, kidnapped! And I already apologised to the judge for the first two ... charges. I already said very clearly there was no crime, no injury, and I did not sign anything, that is why I have no case. The paper that was given to me was not even my name!"

The judge explained to her what would happen next and tried to tell her about her options when it came to serving jail or paying a fine, but Tan said: "No, I can start serving right away."

When Tan heard her final sentence, she exclaimed: "Then like that ... that means I have to go through again the other sentencing for the first two charges?"

The judge stuck to his line of questioning, asking her if she could pay the fine. Tan said she needed time.

She asked about the number of days jail she would have to serve in default if she did not pay the fine, and was told it would be 21 days.

"How about - so if I just admit to the first two charges, so we don't have to go through this bullshit?" she asked.

Judge Kow told her: "I advise you to be careful of what you say, and there may be implications of what you say in court that may trigger other actions by whether the police or the prosecutor. You understand what I'm saying, Ms Tan?"

She is expected to return to court for the remaining two charges at a later date.