TBT Trial Judge Considering CSJ's constitutional applications

[Porfirio Rubirosa]

Wednesday, 29 October 2008
Singapore Democrats

As reported yesterday, District Judge Chee Wee Kiat had indicated that he wanted time to consider whether the defendants charged with conducting the Tak Boleh Tahan protest outside Parliament House could cross-examine the licensing officer to determine if there was any discrimination by the police when they rejected the application for the protest.

However, when the session resumed this morning Judge Wee asked the prosecution to address him further on this point.

In question is Dr Chee Soon Juan's application for a permit made on 28 Dec 07 for a protest to be held on 15 Mar 08. The police had rejected the application without providing any reason.

However, the Consumer Association of Singapore (CASE), led by PAP MPs, staged a protest outside Parliament House involving thousands of participants on the same occasion of World Consumer Rights Day on 18 Mar 07 and 16 Mar 08. Why was one group of Singaporeans allowed to conduct such an activity and another group prosecuted?

The defendants argue that such discrimination violates Article 12 of the Constitution which requires that all citizens be treated equally under the law.

The Judge also indicated that he wanted to consider Dr Chee Soon Juan's application made last week that the charges were unconstitutional and should be summarily dismissed (read Dr Chee's application here). He asked the DPP to also make arguments on this point.

DPP Isaac Tan then asked for half-an-hour to research the law on these two matters, which the Judge granted. Half-an-hour turned into two-and-a-half by which time lunch was at hand. The trial will resume tomorrow morning in Court 5 at 9:30 am.

The hearing was adjourned for the afternoon because defendants Mr John Tan and Mr Shafi'ie needed to attend a pre-trial conference at the High Court together with Mr Isrizal over their charge of contempt of court for wearing T-shirts with a picture of a kangaroo in a judge's gown.

The trial for the three will be held next week from 4-6 Nov 08.

 

[Porfirio Rubirosa]

Robox strikes again!

Robox - Thu, 30 Oct 2008 11:12 am

Last year, when I was furiously conducting my own online fight in the now defunct SBF to decriminalize gay sex (for a start), I fought largely on Constitutional grounds: Article 12 was my main point of contention.

I wrote back then (after seing rabid oppposition by supposedly 'human rights activists' from the opposition parties' supporters to my struggle) that the opposition parties should observe my strategy closely because they could similarly wage the opposition's battles on Constitutional grounds - so much in how the PAP and their kangaroo courts is and has always been unlawful.

To my delight, the SDP has the most responsive in this regard and has been going from strength to strength.

The chickens are coming home to roost now. Clearly, even this courtroom battle fought on ther basis of constitutionality of police action is taking effect.

(I know for a fact how my approach to a rights debate - a strategy that had previously been obscured in antiquity in Singapore - has reached far beyond the forum I was writing in.)

It would be magnanimous of the SDP to give me the credit that I feel is due to me, a gay rights advocate and from a hated race of Singaporeans: Indians.

Your standing in the eyes of the people will rise when, unlike the PAP's Lee Kuan Yew, you do not pretend to be the Knower Of All Things Under The Sun.

The SDP on the other hand, deserves the credit of having the capacity to reach this point in its development in so short a time.