2010 Singapore train depot trespass and vandalism case

The Swiss
Occupation	IT Consultant
Criminal charge	Vandalism Trespassing
Penalty	five months in jail three strokes of the cane

The Swiss 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 five months' jail and three strokes of the cane under the Vandalism Act and Protected Areas and Protected Places 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. An Interpol arrest warrant was also raised for his British accomplice, Dane Alexander Lloyd.

In 1994, an 18-year-old American, Michael Fay, received 4 strokes of the rattan cane for theft and vandalism; his case was widely reported around the world and prompted debate on judicial corporal punishment.

The case

Aerial view of the SMRT Corporation's Changi Depot where the vandalism occurred, photographed in August 2009

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

• The Swiss and his friend 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 before his arrival in Singapore on 15 May.
• One cuted a hole in the security fence well away from the main road, using a wire cutter brought by The Swiss.
• On two one carriages nearest to the fence, The Swiss spray-painted the word "Mskdy" on the left while the other spray-painted the word "Ramuz" next to it; They 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 The Swiss's residence.
• The next day, they left for Hong Kong for a holiday; The Swiss returned three days later, while the other decided to stay in Hong Kong.
• The Swiss 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 a few images, one video file, and emails ordering paint; the wire cutter was also found in his possession.
• The evidence left The Swiss with little choice but to plead guilty in the hope of a more lenient sentence.

Since October 2008, The Swiss had been working in Singapore as an IT consultant. During his time in Singapore, he had spray-painted legally on one of the graffiti walls at Singapore's Youth Park, next to Orchard Road. Before his court trial, he had been freed on bail of SGD 100,000.

The Other, is a British national based in Hong Kong. The Swiss said he first met the britain guy in Australia years ago.

SMRT Corporation reported the incident to police only on 19 May, two days after the breach, because staff thought the brightly coloured graffiti was an advertisement. It was seen by many commuters and even recorded by a public transportation enthusiast and posted on YouTube; this may have alerted the authorities. SMRT said the graffiti caused about SGD 11,000 (USD 7,900)-worth of damage to two train carriages.

Prosecutors did not specify how Fricker was identified, saying only the evidence came from police investigations.

Sentence

The Subordinate Courts of Singapore at Havelock Square, where Fricker pleaded guilty to the charges against him and was sentenced

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 Lloyd 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; and
• 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).

Judge See Kee Oon said of Fricker's actions "he was fully conscious of the criminal nature of the act and must be prepared to face the consequences", and agreed with the Public Prosecutor that the defendant had committed a very serious offence that "alarmed the general public" and "shaken their confidence in the security of protected places".

Under the 1966 Vandalism Act, vandals could be sentenced to three years' jail, fined a maximum of SGD 2,000 and given a minimum of three strokes of the cane. For entering a protected place under the Protected Areas and Protected Places Act, Fricker could have been sentenced to a maximum of two years' jail and fined up to SGD 1,000.

Fricker was immediately taken into custody by court police to begin his jail term, but his lawyer said he was appealing for a reduced sentence.

Public outcry

The breach at Changi train depot was Singapore’s biggest security lapse since notorious terrorist Mas Selamat's dramatic escape two years ago; he was re-captured only a year later in Johor Bahru. The train system, other high-traffic public areas and foreign embassies are all considered potential terrorist targets by Islamic extremists in Southeast Asia.

In May 2010 a marked map of the SMRT network with Orchard station circled on it was found in the home of a terror suspect killed in Indonesia; it was reported that he had planned an attack on Singapore by entering through Malaysia.

The Changi depot case caused an outcry from the public in the media and on the internet, most of it not towards the vandals but directed at the authorities for the lax security of public transportation and protected installations in general. Some of the major concerns were:

• how easily high-security premises were penetrated simply by cutting a hole in the fence that went unnoticed for days;
• consequences if the intruders had been terrorists instead of merely vandals;
• whether security measures and enforcement in other sensitive, protected facilities were similarly slack;
• random checks by journalists on other depots, bus interchanges and power plants also exposed some shortcomings.

Security aftermath

Immediately after the incident, SMRT increased the number of security personnel and patrols, installed more cameras, added razor wires to perimeter fences, and engaged a security consultant to conduct a comprehensive audit of its systems.

Another public transport operator, SBS Transit, also beefed up its security presence and announced plans to replace wired fencing with mesh fencing around its train depots. Other measures would include removal of shrubs and hedges along perimeter fencing and placement of concertina wires.

On 11 June 2010, the Public Transport Security Committee (PTSC) announced a "comprehensive" security review of the public transport network over the next six months. PTSC, chaired by LTA, is a multi-agency committee formed in 2004 to ensure that security reviews, recommendations and improvements are made to enhance public transport security.

On 27 June 2010, LTA said it was assessing whether to impose penalties on SMRT for the security breach.

External links

• YouTube video entitled "[EXCLUSIVE VANDALIZED] SMRT C151 047-048 Graffiti Drawing – Departing Kembangan (Westbound)" by ongyouyuan1907 showing the vandalized MRT train