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Bionix incident: SAF captain found guilty of rash act in death of NSF Liu Kai


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Bionix incident: SAF captain found guilty of rash act in death of NSF Liu Kai.

https://www.channelnewsasia.com/singapore/bionix-saf-captain-guilty-nsf-liu-kai-2329776

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SINGAPORE: A Singapore Armed Forces (SAF) captain has been found guilty of a rash act linked to the death of a full-time national serviceman (NSF) who died after being pinned in a Land Rover by a Bionix vehicle three years ago.

Ong Lin Jie, 30, was convicted on Monday (Nov 22) of one charge of doing a rash act not amounting to culpable homicide by failing to keep a safe distance of 30m between the two vehicles.

Ong, a regular officer and platoon trainer with the Armour Unit Training Regiment, was taking part in a three-day training exercise near Sungei Gedong Camp in November 2018 with the victim, 22-year-old Liu Kai.

BACKGROUND OF THE CASE

The training exercise involved the Kaffir Company and Jaguar Company from the 42nd Battalion, Singapore Armoured Regiment and was meant to train Kaffir Company's operational capabilities.

Kaffir Company was tasked to advance towards and secure an objective known as the Murai Urban Training Facility, while the platoon from Jaguar Company acted as the "opposition force" for the exercise, and was to delay Kaffir Company's advance with a series of "delay lines" and simulated firefights.

The opposition force consisted of three Bionix Infantry Fighting Vehicles (IFVs) - BX13A, BX13B and BX13, the vehicle involved in the fatal incident.

Ong was a platoon trainer, tasked to oversee the opposition force's manoeuvres and ensure that the force adhered to safety procedures. He was also the vehicle commander of the Land Rover driven by CFC Liu. The Rover was assigned to him so he could move around the exercise area in his role as a platoon trainer.

Ong ordered the victim, who was posthumously promoted to Corporal First Class (CFC), to overtake BX13 without first establishing communications with the Bionix and when it was unsafe to do so.

As a result, the Bionix - an armoured tracked vehicle armed with either a cannon or an automatic grenade launcher and heavy machine gun - reversed into the Land Rover, mounting the driver's side and pinning CFC Liu in his seat.

The prosecution had argued that Ong had rashly ordered CFC Liu to overtake the Bionix, "despite having every reason to believe that it was dangerous to do so in the circumstances".

"His rash act placed the Land Rover in an unsafe proximity to BX13, which was the substantial cause of the collision, and ultimately, Liu Kai's death," they said.

ONG'S DEFENCE

In his defence, Ong had given two reasons for ordering CFC Liu to overtake the Bionix with his Land Rover.

First, he did not want to be in the way of a "fire fight", as he assessed that the Kaffir Company Forces were still in the north, and there was a "high possibility" that they might come through and engage BX13 from its rear.

Second, he assessed that the platoon commander of Jaguar Company had spotted BX13B to be at the junction ahead, based on radio communication.

He blamed BX13 for CFC Liu's death, alleging that it changed course while reversing, which brought it into the path of the Land Rover.

Ong had been questioned over a period of more than five months from the day of the incident. In her judgment on Monday, District Judge Jasvender Kaur said she did not hold the contents of his first two statements against him, as they were recorded on the same day of the "traumatic incident".

However, in his third statement on Nov 5, 2018, Ong said he had "revisited" events and wanted to make additions to his statement to be "very clear" and assist investigations. He gave details relating to the collision, but did not disclose that he ordered an overtake of the Bionix.

THE JUDGE ON ONG'S "SELECTIVE AMNESIA"

When confronted with investigation findings that he had ordered the overtaking of BX13, Ong initially said he could not recall and was "in shock and in trauma", with a gap in his memory.

The judge said Ong's evidence that he was "surprised" that he gave the command to overtake squarely contradicts an assertion he made that he had assessed it to be safe before he gave the command.

"With respect to his claim of the 'gap' in his memory, (a statement Ong gave) provided details of the events which preceded and followed the overtaking," said Judge Kaur.

"He coincidentally lost recollection only of the overtaking. This is inherently implausible and I find his selective amnesia was deliberate."

During the investigation process, Ong had asked to listen to footage when asked to explain the reason for ordering CFC Liu to bypass the Bionix.

However, after viewing the footage "for quite a while", he concluded that he could not recall why he ordered the overtaking, saying that he could not make out some of the words spoken in the footage.

The judge concluded that Ong again had "selective amnesia" and was unable to explain how he had "properly considered" the situation before directing the overtaking.

She found that the collision was "the natural consequence of the lack of safe distance for the Bionix to execute its extrication manoeuvre which was caused by the Land Rover's failure to adhere to the 30m safety distance" and its failure to communicate its intention to overtake when it was unsafe to do so.

"The duty of ensuring the safety distance and to communicate was the responsibility of the accused," said Judge Kaur. 

She did not find that the actions of the corporal who reversed BX13 had eclipsed Ong's wrongdoing, or broke the chain of causation. Instead, she ruled that it was Ong's actions which were the substantial cause of CFC Liu's demise.

Ong, who has been suspended, will return to court for mitigation and sentencing in December.

For a rash act not amounting to culpable homicide, he can be jailed for up to five years, fined, or both.

Others have been hauled to court over the incident, with three men fined in December 2019 for breaching the Official Secrets Act over leaked photos of the accident.

===================================================

SAF officer found guilty of causing CFC Liu Kai's death in Bionix accident.

https://sg.news.yahoo.com/saf-officer-found-guilty-causing-cfc-liu-kai-death-bionix-accident-025544522.html

 

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Last time got armour black day

hope they train safely

what for Cheong until like that just be like those 为玉王大帝打功的  can already

last time my friend with Citibank. He say citi kena licence Kantong in japan then kena orh gong until jialat jialat. He say end up their big boss send out memo: roughly is say earn money is good but please earn money safely

 

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8 minutes ago, Mustank said:

Last time got armour black day

hope they train safely

what for Cheong until like that just be like those 为玉王大帝打功的  can already

last time my friend with Citibank. He say citi kena licence Kantong in japan then kena orh gong until jialat jialat. He say end up their big boss send out memo: roughly is say earn money is good but please earn money safely

Definitely not like that.

Hit your KPI safely.

We will disown you if you don’t do it safely 

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Supercharged
22 minutes ago, Watwheels said:

According to Wikipedia vehicle reverse camera became available since the '50s. Army always encourage servicemen to submit SAF Suggestion Scheme. Why no one in the Armor Units submit for reverse camera? or someone reviewed the submission but rejected it until this unfortunate accident? 

Had Army implemented the reverse camera earlier, it could have saved Cpl Liu's life.

Edited by Didu
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15 minutes ago, Didu said:

According to Wikipedia vehicle reverse camera became available since the '50s. Army always encourage servicemen to submit SAF Suggestion Scheme. Why no one in the Armor Units submit for reverse camera? or someone reviewed the submission but rejected it until this unfortunate accident? 

Had Army implemented the reverse camera earlier, it could have saved Cpl Liu's life.

Last time 3 tonners also didn't have reverse radar sensor even though the device is widespread till several years ago then they installed such?

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58 minutes ago, Watwheels said:

knn... the IFV cost millions... a reverse camera cost what?

really quite a silly thing to miss out. in addition to safety a rev camera has huge operational use too. 

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17 minutes ago, DOBIEMKZ said:

Last time 3 tonners also didn't have reverse radar sensor even though the device is widespread till several years ago then they installed such?

I think its different when u move  or reverse the vehicle during exercise and non exercise time.

I believe  the bioxnix reverse in this case due to exercise requirements. The drill is for the bioxnix to reverse

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1 hour ago, Didu said:

According to Wikipedia vehicle reverse camera became available since the '50s. Army always encourage servicemen to submit SAF Suggestion Scheme. Why no one in the Armor Units submit for reverse camera? or someone reviewed the submission but rejected it until this unfortunate accident? 

Had Army implemented the reverse camera earlier, it could have saved Cpl Liu's life.

To me it is down to training. Not so much on equipment. Cos for donkey years nothing like this has happen in an armour unit before. The soldiers in the past never relied on any reverse camera. 

To be honest the armoured vehicle reversing eyes are those of the vehicle commander. He has the view and line of sight. In fact it is the commander who will instruct the driver which direction to go. I dunno what happened in the Bionix. Cannot comment much cos I was not there to see what happened.

IMO accidents like this take two hands to clap.

Edited by Watwheels
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Supercharged
7 minutes ago, Watwheels said:

To me it is down to training. Not so much on equipment. Cos for donkey years nothing like this has happen in an armour unit before. The soldiers in the past never relied on any reverse camera

To be honest the armoured vehicle reversing eyes are those of the vehicle commander. He has the view and line of sight. In fact it is the commander who will instruct the driver which direction to go. I dunno what happened in the Bionix. Cannot comment much cos I was not there to see what happened.

IMO accidents like this take two hands to clap.

Agree. I'm sure there is SOP to follow for reverse maneuver. It was not revealed if they follow the SOP closely on that day. The reverse camera, had it been available would served as a 2nd line of safety measure.

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10 minutes ago, Didu said:

Agree. I'm sure there is SOP to follow for reverse maneuver. It was not revealed if they follow the SOP closely on that day. The reverse camera, had it been available would served as a 2nd line of safety measure.

Any SOP/procedure that has humans in the loop or depending on them following it will be violated sooner or later. 

Just take speed limits, Stop Lines, Red Lights on our road as examples. 

 

Supposed to but did not. 

Not supposed to but did. 

Edited by Volvobrick
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8 minutes ago, Volvobrick said:

Any SOP/procedure that has humans in the loop or depending on them following it will be violated sooner or later. 

Just take speed limits, Stop Lines, Red Lights on our road as examples. 

Supposed to but did not. 

Not supposed to but did. 

That's why self-driving car is the best

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Without breaching OSA,

how many times has this type of training been done?

This was reckless endangerment, lucky never basic main range by Gurkhas.

this guy face big big post at ocs for the ruperts when they Yaya papaya.

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On 5/10/2023 at 8:47 AM, Blueray said:

5 months’ jail upheld for SAF captain who gave rash order to overtake Bionix in fatal incident

https://www.straitstimes.com/singapore/courts-crime/5-months-jail-upheld-for-saf-captain-who-gave-rash-order-to-overtake-bionix-in-fatal-incident

Surprisingly long jail term. Actually killing someone while driving a car often attract shorter sentences. 

Probably because the victim was a NSF. 

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(edited)
On 5/10/2023 at 9:31 AM, Volvobrick said:

Surprisingly long jail term. Actually killing someone while driving a car often attract shorter sentences. 

Probably because the victim was a NSF. 

the cpt suay, i think saf want to make a statement.😐

Dun want to def the cpt, but those go army 1 will know esp commander, due to alot of factors, like limited land etc etc, sometime its super hard or almost impossible to follow everything by the rules, if not u cannot even conduct the exercise.

Edited by Beregond
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