TRANSCRIPT OF MINISTER FOR FOREIGN AFFAIRS GEORGE YEO'S REPLY TO THE
PARLIAMENTARY QUESTION, 22 FEBRUARY 2010
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QUESTION:
*1. NMP Calvin Cheng: To ask the Minister for Foreign Affairs
in light of the Romanian diplomat's refusal to return to Singapore to
assist in investigations regarding his alleged involvement in a
hit-and-run accident, what measures will the Government take to ensure
that investigations will continue.
REPLY:
The Police conducted a thorough investigation into the two
hit-and-run accidents on 15 December 2009 involving a vehicle belonging
to the Romanian Embassy with registration number S3401CD. The accidents
had led to the tragic death of Mr Tong Kok Wai and injuries to Mr Bong
Hwee Haw and Mr Muhammad Haris Bin Abu Talib. When the Police
investigations were completed, the investigation papers were submitted
to the Attorney-General’s Chambers (AGC). We are now proceeding with
the Coroner’s Inquiry into Mr Tong’s death. The State Coroner conducted
the first Mention of this case on 27 January this year. The Coroner’s
Inquiry will be held from 3 to 10 March this year.
2 The Police investigations revealed that the Romanian Embassy
vehicle was not stolen and the driver of the vehicle at the time of the
two accidents was Dr Silviu Ionescu, who was then the Chargé d’Affaires
of the Embassy. Dr Ionescu left Singapore on 17 December 2009,
ostensibly to seek medical treatment in Romania.
3 MFA has been in touch with the Romanian Embassy since the
beginning of the Police investigations. We have stressed to the Embassy
that it should cooperate fully with the Police. When the Police wanted
to interview the Embassy’s regular driver, a Romanian, MFA called in the
Chargé d'Affaires to request their cooperation. The Embassy agreed and
the Police interviewed the driver.
4 On 6 January 2010, the Romanian Ambassador, Mr Aurelian Neagu,
who is resident in Tokyo, informed MFA that Dr Ionescu had been recalled
from his post in Singapore with effect from 5 January 2010 and the case
had been referred to the Romanian Prosecutor’s Office to conduct an
investigation. Ambassador Neagu also gave his assurance that Romania was
ready to cooperate fully. He subsequently informed MFA that the
Romanian Foreign Ministry had suspended Dr Ionescu from his duties with
effect from 4 February 2010, after the Romanian Prosecutor’s Office
began the criminal investigation of Dr Ionescu on 2 February on charges
of “manslaughter, unauthorised departure from a vehicle accident site,
and misrepresentation”. Ambassador Neagu stated that this was the first
step in their criminal procedure.
5 After the dates for the Coroner’s Inquiry were set, MFA
summoned Ambassador Neagu from Tokyo to the Ministry on 11 February
2010. As the legal systems in Singapore and Romania are different, we
explained our system of Coroner’s Inquiries and sought clarifications on
the Romanian system of investigations and prosecutions with regard to
the criminal investigation of Dr Ionescu and the charges brought against
him by the Romanian authorities. We also asked for more information on
the status of the criminal proceedings in Romania against Dr Ionescu.
6 At the same meeting, MFA formally requested by a Third Person
Note (TPN) that Dr Ionescu return to Singapore to attend the Coroner’s
Inquiry. We pointed out to the Romanian Ambassador that if Dr Ionescu
was, as he had claimed, not the driver, then it would clearly be in his
own interest to attend or to have a lawyer represent him at the Inquiry
to present his version of the events as well as to question the
witnesses. At the same time, MFA also formally requested by TPN the
Embassy to waive the diplomatic immunity of the Embassy driver, Mr
Trusca, so that he could give evidence at the Coroner’s Inquiry.
7 MFA has also asked Ambassador Neagu if Romania could give
Singapore an undertaking that Dr Ionescu would be prosecuted for what he
had done in Singapore, and if found guilty, be sentenced to a criminal
penalty that is commensurate with his actions. We were assured by
Ambassador Neagu that Romania would follow the full extent of its own
law. The Ambassador also assured us that he understood our concerns and
that the Romanian people understood our concerns.
8 The Romanian Government has not yet responded officially to
these TPNs. We trust that they will do so without undue delay as the
Coroner's Inquiry will begin in March. There have been some media
reports which at first quoted a Romanian Ministry of Foreign Affairs
spokesman as saying that they would waive immunity for Mr Trusca to
allow him to testify at the Coroner’s Inquiry, but subsequent media
reports quoting the current Chargé d’Affaires of the Romanian Embassy
merely stated that “the decision will be communicated to the Singapore
authorities as soon as possible”, implying that a decision had not yet
been made. We are seeking clarification from the Romanian Embassy on
these apparently conflicting statements which in any case do not
constitute an official reply to our TPN.
9 The media, quoting the Romanian Ministry of Foreign Affairs
spokesman, had also reported that the Romanian Ministry of Foreign
Affairs had informed Dr Ionescu of the TPN asking that he attend the
Coroner’s Inquiry but that it could not compel him to do so as he had
already been suspended from the Romanian Ministry of Foreign Affairs.
But again we have yet to hear officially from the Romanian government on
this.
10 In the meeting with Ambassador Neagu on 11 February, MFA also
sought clarification on Romanian media reports in which Dr Ionescu had
alleged that this was a case of a “set-up” by the Singapore Government
because he had been reporting on political activities in Singapore. We
told Ambassador Neagu that if these media reports had accurately quoted
Dr Ionescu, then he had made very serious allegations against the
integrity of the Singapore Government which MFA categorically rejected
as lacking any basis in fact. These allegations were also a gross
insult to the victims of the two accidents. We gave the Ambassador
facts that clearly showed Dr Ionescu’s claim that he had been accused of
being the driver in a hit-and-run accident in 2007 was entirely false.
We made these representations public is an MFA press statement the same
day.
11 The Romanians responded swiftly. A Romanian Ministry of Foreign
Affairs spokesperson, in a written response to The Straits Times of 12
February 2010, stated that “the Ministry of Foreign Affairs of Romania
firmly dissociates itself from Mr Silviu Ionescu’s statements made after
his employment contract with the Foreign Ministry was suspended.” The
spokesman was also reported in the media as dismissing the claim by Dr
Ionescu that he had been “set up” as “lurid allegations” which “do not
even deserve to be commented upon as they are devoid of any substance”.
12 The circumstances of the accidents understandably made many
Singaporeans very angry with Dr Ionescu. Some criticised the Singapore
Government for not acting immediately to detain him.
13 Mr Speaker Sir, I can fully understand the outrage many
Singaporeans feel over the hit-and-run accidents and the tragic death of
Mr Tong. However, we should never do anything that is not in keeping
with due legal process nor descend into trial by media, otherwise we
would weaken our own case. When Dr Ionescu left Singapore in December
2009, the Police had not yet completed their investigations. In any
case, we could not have prevented Dr Ionescu from leaving Singapore
because as a diplomat accredited to Singapore, he enjoyed diplomatic
immunity and could not be detained.
14 Diplomats of all countries are accorded privileges and
immunities under the Vienna Convention on Diplomatic Relations to enable
them to carry out their diplomatic functions. Romania and Singapore are
parties to the Vienna Convention. Singapore is legally bound to give
effect to the Convention. Even if we were not so bound, it is in
Singapore’s interest to observe the privileges and immunities accorded
by the Vienna Convention because our own diplomats enjoy such privileges
and immunities in foreign countries. But diplomatic immunity is not
meant to be abused. MFA has zero tolerance for any abuse of diplomatic
immunity by our own diplomats, even in such matters as parking fines.
15 The Romanian Ministry of Foreign Affairs spokesman was also
quoted in the media as saying “The Romanian Ministry of Foreign Affairs
firmly demands and expects its diplomats to respect – absolutely and
with no equivocation - the national laws of the country to which they
are accredited.” This means that the Romanian Government, like the
Singapore Government, takes the position that diplomatic immunity is not
a licence to flout the law. Indeed, as was pointed out in Straits
Times, in December 2004, the Romanian government had faced a similar
situation when one of its nationals was killed in a traffic accident by
a US national with diplomatic immunity in Romania. That incident caused
an uproar in Romania. We have left the Romanian government in no doubt
about the depth of feelings in Singapore on this matter.
16 What we do next will depend on the outcome of our Coroner’s
Inquiry and the Romanian Government’s response to our requests. We are
closely monitoring what the Romanian authorities are doing. We expect
their actions to match the words of the Romanian Foreign Ministry
spokesman and the assurances that the Romanian Ambassador has given us.
But I must stress that whatever we do in Singapore must always be in
conformity with our legal system and our international law obligations.
. . . . .
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TRANSCRIPT OF MINISTER FOR FOREIGN AFFAIRS GEORGE YEO'S REPLIES TO
SUPPLEMENTARY QUESTIONS, 22 FEBRUARY 2010
NMP Calvin Cheng: Thank you Minister for your comprehensive reply. One
supplementary question - if push comes to shove, would the Ministry
consider extradition procedures against Dr Ionescu?
Minister: Mr Speaker Sir, there is no extradition treaty or any
alternative extradition arrangements with the Romanian government.
MP Mr Sin Boon Ann: Thank you Speaker. I just want Minister's
clarifications on what are the steps the Ministry is considering in
seeking waiver of diplomatic immunity with regards to Dr Ionescu, if
indeed he is found culpable in this incident. Also, what assurances
have the Romanian Ministry given to our government as to the full
extent in which he would be prosecuted if he indeed, is suspected or
found suspicious of criminal conduct?
Minister: Mr Speaker Sir, what the Romanian Foreign Ministry as well
as what the Romanian Ambassador have assured us, had already been
stated earlier. On the Coroner's Inquiry, the State Coroner has not
issued a witness summons to Dr Ionescu as he is not in Singapore. The
question of immunity from the witness summons therefore does not
arise. MFA has instead sought the assistance of the Romanian Embassy
to request Dr Ionescu to return to Singapore to attend the Inquiry as
an “interested person”. The State Coroner has the discretion to allow
“interested persons” – i.e., persons who have a legitimate interest in
the death of the deceased – to take part in a Coroner’s Inquiry, such
as by making a statement or by putting questions to the witnesses.
We do not know whether Dr Ionescu will return to Singapore to attend
the Inquiry, and we cannot force him. The Inquiry will take place with
or without Dr Ionescu. But as MFA pointed out to the Romanian
Ambassador, if Dr Ionescu was not the driver as he claimed, then it
would be in his own interest to attend the Inquiry to give his account
of the events and pose questions to the witnesses. As to what happens
after the Coroner's Inquiry, we would have to take it one step at a
time.
Mr Speaker: Last question.
MP Irene Ng: Mr Speaker, I am puzzled by the Minister's statement that
the Romanian Foreign Ministry has said that they cannot "compel" Dr
Ionescu to come to our Coroner's proceedings because he has already
been suspended from service, as well as the comment that the Romanian
Foreign Ministry "disassociates itself" from comments made after his
suspension. Surely the Romanian Government should take responsibility
for the behaviour of its diplomats, especially when he has cast a
serious slur against the Singaporean government. Can I ask the
Minister if such comments by the Romanian Government indicate a lack
of sincerity on whether the government will undertake the necessary
procedures to make sure that he faces up to his charges?
Minister: Mr Speaker Sir, the Romanian Government, through its
Ambassador and through its spokesman, has clearly disassociated itself
from the allegations made by Dr Ionescu. I think this is not in
doubt. If he is charged and if we were to ask for him to be sent to
Singapore, then the Romanian government would have to act according to
its own law. I have no doubt that this matter would appear in the
Romanian courts. The Interpol Bucharest (in response to queries
raised by our AGC) has responded that according to the Romanian
Criminal Code, "Criminal law shall apply to offences committed outside
Romanian borders if the perpetrator is a Romanian citizen". Interpol
Bucharest added that the Romanian court "is conducting penal
proceedings against Ionescu for homicide by negligence, corporal
injury by negligence, left from the scene of the accident and forged
declarations". So there is due process in Singapore, there is due
process in Romania. Let us take this one step at a time and not
speculate, because acting in haste or over-speculating may be
injurious to our own case itself.
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