Swiss FT Oliver Fricker sentenced to 5 months jail and 3 strokes of cane for SMRT graffiti

Oliver Fricker is the second high-profile foreigner since 1994, to be sentenced to caning for vandalism in Singapore. On 25 June 2010, he was sentenced to 5 months' jail and 3 cane strokes under the Vandalism Act and Protected Areas Act.

He pleaded guilty to cutting through the fence of an SMRT Changi train depot with an accomplice and spray painting two metro train carriages with the words "McKoy Banos", a widely documented signature of graffiti artists who have vandalised trains around the world. Fricker was arrested on 25 May, just two days before he was to leave for a new job in Switzerland.

The case

The crime was committed at Singapore train operator SMRT's Changi train depot in the early hours of 17 May 2010.

• Fricker and his friend, Lloyd Dane Alexander, had scouted out the location earlier in the day on 16 May and returned after midnight to commit the offence; each carried a bag, mainly of spray paints obtained by Alexander before his arrival in Singapore on 15 May;
• Lloyd cut a hole in the security fence well away from the main road, using a wire cutter brought by Fricker;
• on two train carriages nearest to the fence, Fricker spray-painted the word "McKoy" on the left while Lloyd spray-painted the word "Banos" next to it; Lloyd took photographs of the vandalised carriages before both left through the hole in the fence;
• they flagged a taxi and went to Boat Quay for a drink before returning to Fricker's residence overlooking Marina Bay in the prime business district, where Lloyd showed Fricker the photographs before they went to sleep;
• the next day, they left for Hong Kong for a holiday; Fricker returned three days later, while Lloyd decided to stay in Hong Kong;
• Fricker was arrested on 25 May, two days before he was due to leave for a new job in Switzerland;
• his laptop computer was found to contain 53 images, one video file of vandalised trains, and emails ordering paint; the wire cutter was also found in his possession;
• the evidence left Fricker with little choice but to plead guilty in the hope of a more lenient sentence;
• Alexander is said to have planned the act before his arrival in Singapore.

Sentence

On 26 June 2010 Fricker pleaded guilty to two charges of vandalism and trespassing in a protected place. A third charge, that he had committed an act of vandalism by cutting the fence of the depot, was taken into consideration.

Fricker asked only that he not be given a "punitive custodial sentence” and his lawyer then argued in mitigation.

• that Fricker had shown genuine remorse and co-operated fully with police investigations;
• he was "cajoled" by Alexander into committing the crimes and made a one-off mistake "while inebriated" after drinking several beers;
• he pursued his passion as purely graphic art;
• the graffiti had not incited hatred, and left no lasting damage;
• He was a model expatriate worker, contributing to Singapore since his arrival in the city in 2008.

Fricker was sentenced to five months in jail (three for vandalism and two for trespassing) and three strokes of the cane (for vandalism).

China lifts ban barring entry to foreigners that have contracted HIV and AIDS

The above image shows all the migrant workers, with red ribbons, attend an event organized by the local government to promote HIV/AIDS knowledge among migrant workers on December 1, 2005 in Chengdu of Sichuan Province.

The Chinese government has lifted a 20-year-old rule that banned foreigners with HIV and AIDs, sexually transmitted diseases and leprosy from entering the country, according to the country's state news agency.

State-run news agency Xinhua reported Tuesday that China's State Council decided to repeal the ban after realizing it did little to prevent the spread of disease and caused problems when the country was hosting international events.

The revision came days before the opening of the six-month Shanghai World Expo on May 1, which organizers expect will draw 70 million people. The government had previously lifted the ban temporarily for other large-scale events, including the 2008 Olympics in Beijing. For major international events like the 2008 Beijing Olympics, the government temporary granted waivers allowing sufferers to enter the country for the event.

Xinhua said the health ministry estimates the number of people living with HIV in China had reached 740,000 by October 2009, with deaths caused by AIDS totalling 49,845 since the first case was reported in 1985. China, with an HIV-positive population of 740,000, is still among over 60 countries that deny entry to sufferers merely because of their HIV status.

"The ban imposed in the 1980s due to a lack of knowledge is obsolete and discriminatory," said He Xiong, deputy director of the Beijing centre for disease prevention and control.

China's decision comes several months after the U.S. Department of Health and Human Services and the Centres for Disease Control and Prevention removed HIV infection from the list of diseases that prevent non-U.S. citizens from entering the country.

Until January, the U.S. was one of seven countries with laws barring entry of people with HIV, according to amfAR, an AIDS research organization.

“As HIV/AIDS cases have been seen in all provinces in China, a travel ban on foreigners will not help local public health,” he noted.

“It also affected rising international exchanges and a global campaign against HIV/AIDS-related discrimination and stigma,” he said.

In fact, “years before the upcoming change to the law, the Chinese government had realized the existing problems and taken measures to address that,” said Professor Jing Jun with Tsinghua University.

To end off this section, I have highlighted some important points to note in this topic.

• China lifts ban on foreigners with HIV, AIDs, sexually transmitted diseases, leprosy
• Entry ban lifted after it was realized it did little to prevent the spread of disease
• Ban also caused problems when hosting international events in the country
• Health ministry estimated by October 2009, 740,000 people were living with HIV in China