Oliver Fricker
Encyclopedia
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 five months' jail and three strokes of the cane under the Vandalism Act
and Protected Areas and Protected Places Act. On appeal, the jail sentence was increased to seven months.
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 the early hours of 17 May 2010:
Fricker and his friend, Dane Alexander Lloyd, 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 Lloyd 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. Lloyd is said to have planned the act before his arrival in Singapore.
The "McKoy Banos" slogan has appeared on graffiti found and documented throughout the world, particularly on metro trains. "McKoy Banos" is believed to be the names of two persons who were the graphic artists; but Fricker says they simply copied the name after seeing it elsewhere.
Since October 2008, Fricker, aged 32, had been working in Singapore as an IT consultant for Zurich
-based Comit AG, specialising in financial industry software. 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.
Dane Alexander Lloyd, aged 29, is a British national based in Hong Kong. Fricker said he first met Lloyd in Australia in 1997. On this occasion, Lloyd was in Singapore for three days as a tourist. Police had issued an Interpol global arrest warrant for Lloyd earlier in June.
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.
Fricker asked only that he not be given a "punitive custodial sentence", and his lawyer then argued in mitigation:
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.
. 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:
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 depot at Sengkang. Other measures would include removal of shrubs and hedges along perimeter fencing and placement of concertina wire
s.
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.
At the appeal, the prosecution was given permission to adduce additional evidence to the effect that in 2001 Fricker had been convicted in Switzerland of multiple incidents of damaging public property. However, the Court said that it did not take this into consideration as the prosecution had provided insufficient information about the earlier conviction. Fricker's caning, postponed pending the appeal, would now be carried out.
on 15 November 2010 after spending less than five months in jail, having received one-third remission for good behaviour. He immediately flew back to Zurich, where he was arrested by police for suspected graffiti offences in Switzerland.
Michael Fay
Michael Fay may refer to:*J. Michael Fay , explorer and biologist*Sir Michael Fay , New Zealand merchant banker in the America Cup's Hall of Fame*Michael D. Fay, American Marine combat artist...
to be sentenced to caning
Caning in Singapore
Caning is a widely used form of legal corporal punishment in Singapore. It can be divided into several contexts: judicial, military, school, reformatory/prison, and domestic/private....
for vandalism
Vandalism
Vandalism is the behaviour attributed originally to the Vandals, by the Romans, in respect of culture: ruthless destruction or spoiling of anything beautiful or venerable...
in Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
. On 25 June 2010, he was sentenced to five months' jail and three strokes of the cane under the Vandalism Act
Vandalism Act (Singapore)
The Vandalism Act is a statute of the Parliament of Singapore that criminalizes a number of different acts done in relation to public and private property, namely, stealing, destroying or damaging public property; and, without the property owner's written consent, writing, drawing, painting,...
and Protected Areas and Protected Places Act. On appeal, the jail sentence was increased to seven months.
He pleaded guilty to cutting through the fence of an SMRT
SMRT
SMRT may refer to:* SMRT Limited, United Kingdom* SMRT Corporation, Singapore* Single Molecule Real Time Sequencing* Silencing Mediator for Retinoid and Thyroid-hormone receptors, thyroid hormone receptors that are affected by nuclear receptor co-repressor 2...
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
Interpol
Interpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...
arrest warrant was also raised for his British accomplice, Dane Alexander Lloyd.
The case
The crime was committed at Singapore train operator SMRT's Changi train depotChangi Depot
Changi Depot is located on the Mass Rapid Transit near Koh Sek Lim Road, Singapore.Changi Depot comprises a train yard, which can hold a capacity of 35 trains and has an area of 250,000 square metres. The depot is also used for train inspection for trains on the North South Line and East West Line...
in the early hours of 17 May 2010:
Fricker and his friend, Dane Alexander Lloyd, 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 Lloyd 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
Boat Quay
Boat Quay is a historical quay in Singapore which is situated upstream from the mouth of the Singapore River on its southern bank.It was the busiest part of the old Port of Singapore, handling three quarters of all shipping business during the 1860s...
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. Lloyd is said to have planned the act before his arrival in Singapore.
The "McKoy Banos" slogan has appeared on graffiti found and documented throughout the world, particularly on metro trains. "McKoy Banos" is believed to be the names of two persons who were the graphic artists; but Fricker says they simply copied the name after seeing it elsewhere.
Since October 2008, Fricker, aged 32, had been working in Singapore as an IT consultant for Zurich
Zürich
Zurich is the largest city in Switzerland and the capital of the canton of Zurich. It is located in central Switzerland at the northwestern tip of Lake Zurich...
-based Comit AG, specialising in financial industry software. 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
Orchard Road
Orchard Road is a road in Singapore that is the retail and entertainment hub of the city-state. It is regularly frequented by the local population as well as being a major tourist attraction...
. Before his court trial, he had been freed on bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
of SGD 100,000.
Dane Alexander Lloyd, aged 29, is a British national based in Hong Kong. Fricker said he first met Lloyd in Australia in 1997. On this occasion, Lloyd was in Singapore for three days as a tourist. Police had issued an Interpol global arrest warrant for Lloyd earlier in June.
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
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
Vandalism Act (Singapore)
The Vandalism Act is a statute of the Parliament of Singapore that criminalizes a number of different acts done in relation to public and private property, namely, stealing, destroying or damaging public property; and, without the property owner's written consent, writing, drawing, painting,...
, 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 BahruJohor Bahru
Johor Bahru is the capital city of Johor in southern Malaysia. Johor Bahru is the southernmost city of the Eurasian mainland...
. 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
Orchard MRT Station
Orchard MRT Station is located on the North South Line of the Mass Rapid Transit and is located along Orchard Road, Singapore. Some of its platform livery is maroon in colour, but most of that are black with marbles....
circled on it was found in the home of a terror suspect killed in Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
; 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 depot at Sengkang. Other measures would include removal of shrubs and hedges along perimeter fencing and placement of concertina wire
Concertina wire
Concertina wire or Dannert Wire is a type of barbed wire or razor wire that is formed in large coils which can be expanded like a concertina. In conjunction with plain barbed wire and steel pickets, it is used to form military wire obstacles....
s.
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
LTA
LTA may refer to*Leave Travel Concession in India*Land Transport Authority in Singapore*Land Trust Alliance in the United States*Lawn Tennis Association in the United Kingdom*Lieutenant*Lighter than air*Lipoteichoic acid*Lost time accident...
, 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.
Appeal
Oliver Fricker appealed against the two-month jail sentence for trespassing. He argued that it should have been ordered to run concurrently with the three-month jail sentence for vandalism, with the effect that he should only serve three months' imprisonment altogether. The prosecution cross-appealed, arguing that the jail term for trespass was manifestly inadequate. The case was heard on 18 August 2010. The High Court increased Fricker's jail sentence for trespassing from two months to four and declined to order that it should run concurrently with the vandalism sentence, making his total sentence of imprisonment seven months. The judge stated that, had the prosecution appealed the vandalism sentence, he probably would have increased that too. He said Fricker should "count himself fortunate that he has not received his just deserts in full". Fricker's act, he noted, must be "unequivocally deplored" while like-minded offenders must be deterred from copycat offending.At the appeal, the prosecution was given permission to adduce additional evidence to the effect that in 2001 Fricker had been convicted in Switzerland of multiple incidents of damaging public property. However, the Court said that it did not take this into consideration as the prosecution had provided insufficient information about the earlier conviction. Fricker's caning, postponed pending the appeal, would now be carried out.
Release
Oliver Fricker was released from Changi PrisonChangi Prison
Changi Prison is a prison located in Changi in the eastern part of Singapore.-First prison and POW camp:...
on 15 November 2010 after spending less than five months in jail, having received one-third remission for good behaviour. He immediately flew back to Zurich, where he was arrested by police for suspected graffiti offences in Switzerland.