In June 2010, Swiss national Oliver Fricker was sentenced to five months' jail and three strokes of the cane under the Singapore Vandalism Act and Protected Areas and Protected Places Act.
Fricker pleaded guilty to cutting through the fence of an SMRT Changi train depot with an accomplice and spray painting two MRT train cars with the words "McKoy Banos", a widely documented signature of graffiti artists who have vandalised trains around the world.[1][2] Fricker was arrested on 25 May, two days before he was to leave for a new job in Switzerland. An arrest warrant was also issued for his British accomplice, Dane Alexander Lloyd.[3]
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 a train carriage (a Kawasaki Heavy Industries C151 train, carriage number 1048) 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.[9] Before his court trial, he had been freed on bail of SGD 100,000.[7]
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 arrest warrant for Lloyd earlier in June and British media reported that Interpol affiliated countries had been asked to provide information about him.[3]
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 posted on to YouTube;[10] 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.[11]
Prosecutors did not specify how Fricker was identified, saying only that 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 25 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:[8]
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).[12]
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 had "alarmed the general public" and "shaken their confidence in the security of protected places".[13]
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 a suspected terrorist leader, Mas Selamat bin Kastari, escaped from detention in February 2008. Transport systems, other high-traffic public areas, and foreign embassies are all regarded as potential terrorist targets in Southeast Asia.
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:[3][13]
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.[14]
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 wires.[14]
On 11 June 2010, the Public Transport Security Committee (PTSC) announced a "comprehensive" security review of the public transport network over the following six months. PTSC, chaired by the Land Transport Authority (LTA), is a multi-agency committee formed in 2004 to ensure that security reviews, recommendations and improvements are made to enhance public transport security.[15]
On 27 June 2010, the LTA said it was assessing whether to impose penalties on SMRT for the security breach.[16]
Appeal
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. Judge of Appeal V. K. Rajah 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.[17] 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.[18]
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.[19]
Release
Fricker was released from Changi Prison 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.[20]
See also
Caning of Michael Fay, American teenager sentenced to six strokes of the cane (later reduced to four) in 1994
Utah & Ether, who vandalised another train depot in August 2011 undetected until a book on their vandalistic acts was published in 2016
Graffiti is art that is written, painted or drawn on a wall or other surface, usually without permission and within public view. Graffiti ranges from simple written "monikers" to elaborate wall paintings, and has existed since ancient times, with examples dating back to ancient Egypt, ancient Greece, and the Roman Empire.
The Mass Rapid Transit system, locally known by the initialism MRT, is a rapid transit system in Singapore and the island country's principal mode of railway transportation. The system commenced operations in November 1987 after two decades of planning with an initial 6 km (3.7 mi) stretch consisting of five stations. The network has since grown to span the length and breadth of the country's main island – with the exception of the forested core and the rural northwestern region – in accordance with Singapore's aim of developing a comprehensive rail network as the backbone of the country's public transportation system, averaging a daily ridership of 3.45 million in 2023.
The North–South Line (NSL) is a high-capacity Mass Rapid Transit (MRT) line in Singapore, operated by SMRT Corporation. Coloured red on the Singapore rail map, the line is 45 kilometres (28 mi) long and serves 27 stations, 11 of which, between the Bishan and Marina South Pier stations, are underground. It runs from Jurong East station, located in Western Singapore, to Marina South Pier station in the Central Area, via Woodlands station in northern Singapore. The line operates for almost 20 hours a day, with headways of up to 1 to 2 minutes during peak hours and 5 to 8 minutes during off-peak hours. All the trains on the North–South Line run with a six-car formation.
The East–West Line (EWL) is a high-capacity Mass Rapid Transit (MRT) line operated by SMRT in Singapore, running from Pasir Ris station in the east to Tuas Link station in the west, with an additional branch between Changi Airport and Tanah Merah stations. It is the second Mass Rapid Transit line to be built in Singapore. Coloured green on the rail map, the line serves 35 stations, 8 of which are underground. At 57.2 kilometres (35.5 mi), the line is the longest on the MRT network.
In 1994, a court in Singapore sentenced an American teenager, Michael Fay, to be lashed six times with a cane for violating the Vandalism Act. This caused a temporary strain in relations between Singapore and the United States.
The Kawasaki Heavy Industries & Nippon Sharyo (KNS) C751B is the third generation electric multiple unit rolling stock in operation on the North–South and East–West lines of Singapore's Mass Rapid Transit (MRT) system since early 2000, manufactured by Kawasaki Heavy Industries & Nippon Sharyo (KNS) under Contract 751B. 21 trainsets of 6 cars each were purchased at S$231 million, and it is the first rolling stock to feature VVVF insulated-gate bipolar transistor traction control system. Kawasaki manufactured 66 cars and Nippon Sharyo manufactured 60 cars respectively with no comparable differences, having been built to agreed specifications. These trains are the third generation of rolling stock to be used on the two lines.
The Siemens C651 is the second generation electric multiple unit rolling stock in operation on the North–South and East–West lines of Singapore's Mass Rapid Transit (MRT) system, manufactured by Siemens Mobility (SIE) and SGP Verkehrstechnik in Vienna, Austria under Contract 651. A total of 114 cars consisting of 19 train-sets were purchased in 1992 and introduced into service from 1995 onwards.
The Kawasaki Heavy Industries (KHI) C151 is the first generation electric multiple unit (EMU) rolling stock in operation on the North–South and East–West lines of Singapore's Mass Rapid Transit (MRT) system, manufactured by a consortium led by Kawasaki Heavy Industries (KHI) under Contract 151. They were first introduced in 1987 and are the oldest trains in operation on the network.
Bishan Depot or is a depot located on the Mass Rapid Transit in Bishan, Singapore. It was completed in 1986 by American architect Vikas M. Gore and the 12,000 square metres maintenance area at cost of S$300 million.
Changi Depot is located in Changi near Koh Sek Lim Road, Singapore.
Caning is a widely used form of corporal punishment in Singapore. It can be divided into several contexts: judicial, prison, reformatory, military, school and domestic. These practices of caning as punishment were introduced during the period of British colonial rule in Singapore. Similar forms of corporal punishment are also used in some other former British colonies, including two of Singapore's neighbouring countries, Malaysia and Brunei.
The Singapore Prison Service (新加坡监狱署) or SPS is a government agency of the Government of Singapore under the purview of the Ministry of Home Affairs. The service runs 14 prisons and drug rehabilitation centres in Singapore. Its responsibilities encompass the safe custody, rehabilitation and aftercare of offenders, and preventive education.
The Cenotaph is a war memorial located within the Esplanade Park at Connaught Drive, within the Central Area in Singapore's central business district.
The Vandalism Act 1966 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, marking or inscribing on property; affixing posters, placards, etc., to the property; and suspending or displaying on or from the property any flag, banner, etc.
The Thomson–East Coast Line (TEL) is a high-capacity Mass Rapid Transit (MRT) line in Singapore. Coloured brown on the rail map, it is fully underground. When fully completed, the sixth line on the country's MRT network will serve 32 stations around 43 kilometres (27 mi) in length, becoming one of the world's longest driverless rapid transit lines. It runs along a combined north–south and east–west corridor, starting in the north at Woodlands town, passing through Upper Thomson and the towns of Ang Mo Kio and Bishan, heading south to the city-centre at Orchard Road and Marina Bay, subsequently heading eastwards along the eastern coast of the country through Kallang, Marine Parade and southern Bedok before ending at Upper East Coast.
Vandalism of art is intentional damage of an artwork. The object, usually exhibited in public, becomes damaged as a result of the act, and remains in place right after the act. This may distinguish it from art destruction and iconoclasm, where it may be wholly destroyed and removed, and art theft, or looting.
Changi Hospital is a now-defunct and abandoned general hospital located in Changi, Singapore. Its closure came with the merging with the former Toa Payoh Hospital and was renamed as the Changi General Hospital, which relocated new operations to nearby Simei, not far from Changi. It began winding down activities in February 1997 and remains abandoned to this day, but is off limits to the public.
Go-Ahead Singapore is a contracted bus operator operating in Singapore. It commenced operations on 4 September 2016 and it is a subsidiary of the Go-Ahead Group.
Danielle E. "Utah" Bremner and Jim Clay "Ether" Harper VI are American graffiti artists, called the "Bonnie and Clyde of the graffiti world". They have tagged trains and buildings in over 30 countries on five continents, and have made books and videos about their exploits. They have also been arrested, fined, and served multiple prison sentences for vandalism. Their use of social media has been used as an example in a book about graffiti artists, and they have been the subjects of a video exhibit and a song.
Inside Maximum Security is a Singaporean documentary series produced by CNA, which focuses on the lives of five inmates at B1 institution, the maximum-security section of Singapore's Changi Prison. The series, which consists of four episodes, aired between 16 January and 6 February 2022.
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