Singapore
Unfair dilemma? Rare national service evasion trial has both Singapore and Indonesia watching
National Service recruits demonstrate hand-to-hand combat moves as part of their two-month basic training on Pulau Tekong in Singapore on February 7, 2017. — AFP pic

SINGAPORE, April 29 — The prosecution has demanded the maximum three-year jail sentence for a 47-year-old man with dual Singaporean and Indonesian citizenship who failed to report for National Service (NS) in 1997.

Edmond Yao Zhi Hai was convicted in what is believed to be the first-ever trial for NS evasion, CNA reported.

Born to a Singaporean mother and an Indonesian father, Yao was raised and educated in Singapore but also held an Indonesian passport.

During his trial, Yao’s defence argued he believed he was bound by Indonesian law, which forbids citizens from serving in a foreign military. Serving NS, they claimed, would have meant forfeiting his Indonesian citizenship.

However, the judge rejected this, ruling that Yao was fully aware of his NS obligations. The offence was deemed one of “strict liability,” meaning intent did not need to be proven.

In the sentencing hearing on Tuesday, the prosecution argued for the maximum penalty, saying Yao’s dual citizenship was irrelevant and that he showed “not one ounce of remorse.”

In response, defence lawyer Sunil Sudheesan argued that a jail term “totally disrespects this Indonesian citizen’s desire to keep his Indonesian citizenship” and, by extension, “disrespects Indonesia as well.”

He positioned the case as a unique dilemma, asking, “What was he to do? If he served, he would lose his Indonesian citizenship. How is that fair to him?”

The judge has adjourned sentencing to May to consider the arguments.

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