Breaking news: High Court Judge overturns John Ng's decision (update 1)

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Thursday, 01 April 2010

Singapore Democrats

High Court Judge Choo Han Teck has overturned District Judge John Ng's decision to acquit five activists for conducting a procession in 2007. Mr Choo ordered that the matter return to DJ Ng for conviction and sentencing.

The AG's Chambers had appealed DJ Ng's decision to acquit Mr Gandhi Ambalam, Mr John Tan, Ms Chee Siok Chin, and Mr Chong Kai Xiong for walking from the Speaker' Corner to Queenstown Remand Prison on 16 Sep 07.

DJ Ng had found that the group was orderly and did not fit the definition of a procession as given in the Miscellaneous Offences Act (MOA), and acquitted the defendants.

The AG appealed his decision which was heard on 16 Mar 10. Mr Choo Han Teck had reserved his judgment after hearng submissions from both parties as well as from amicus curiae (friend of court) Ms Cheah Wui Leng, associate professor of the Law Faculty at NUS.

Ms Cheah's task was to assist the court in helping to derive the meaning of a "procession" under the MOA. She had agreed with DJ Ng that "because no disturbance occured and that the respondents were sometimes in pairs and sometimes singly," the activity cold not be interpreted as a procession.

Despite the opinion of Ms Cheah, Judge Choo decided otherwise. This is shocking especially in view of the fact that Ms Cheah was appointed by court itself. Ms Cheah wrote in her submissions:

It is respectfully suggested that the MOA Rules refer to processions that are organised and cause-based nature, based on the findings of the lower court, the respondents' behaviour does not fall within this definition.

The matter reverts back to DJ Ng who will now have to convict and sentence the defendants. When approached by reporters outside the courtroom, Mr Ambalam said: "The Judge's ruling did not come as a surprise."

A simple act of conducting a walk that, even according to the court, posed no public disorder or nuisance is not allowed in Singapore. Yet Chief Justice Chan Sek Keong insists that Singapore is a democracy based on the rule of law.

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Comments (9)

Thu 01 Apr 2010 12:46 PM | johntoh

PAP's hatchet man!!

When in doubt. When all else fails.

PAP will release their ...Hatchet Man!

Cold, vicious, totally without a shred of moral.

Coming to you live, upfront and very very personal.

Thu 01 Apr 2010 1:24 PM | 369

I am disappointed. This tarnishes the image of the judiciary.

Thu 01 Apr 2010 1:49 PM | Tan Tai Wei

My sympathies inclines towards both district and high court judge to have to trivialise their professionalism deciding such niceties of definition as to whether one or two or three persons walking walkways in twos or threes, conversing and giving out flyers, etc., constitute a "procession"!

The real "guilt" lies with those who made such "laws" as to so reduce the dignity of our courts.

"Judge not that ye be not judged".

Thu 01 Apr 2010 6:10 PM | betrayed - Expected from Singapore Courts

The turnaround was expected wasn't it. Strange that there isn't any comments from Byran T. He on holiday during times like this?

Thu 01 Apr 2010 6:30 PM | maxchew

There is no other way.....this PAP Govt must be changed either from without or from within.
Their powerful tentacles have reached far and wide over the years and swallowed every segment of our Institutions including the most powerful....the Judiciary.
S'pore citizens have given them a blank cheque time and again at every GE. It's not surprising that they can write anything on that cheque they wish, to hold on to their power and grip.
I'm sure the disgruntled 33.4% who voted for the Oppo will continue to do so at the imminent GE this year or next. But what about the 66.6%?
If most of them continue to "blindly" vote for the incumbent, our goose is cooked and we better chabot from this God-damned place called Sinkapore.....
Leave it to the FTs, the China and India emigrees who will form the next generation of S'poreans. Good luck!

Fri 02 Apr 2010 1:50 PM | g_e - But does he have balls like coconuts?

District Judge John Ng:

"With due respeect to the learned opinion of my unprincipled colleague High Court Judge Choo Han Teck whom I hold in the highest regard, I hereby sentence the defendants to 1 day's jail and a fine of ONE SINGAPORE CENT. As they have already served sufficient time in custody, they are free to leave. Case dismisseed."

(BTW, a reminder. Choo is the judge who let off hit-and-run killer driver Miss Lim Hong Eng, the Executive Editor of Shin Min Daily News, with a sentence of 1 day's jail and $2000 fine for KILLING a motor cyclist and seriously crippling his pillion while driving dangerously and using her mobile phone. And he added that this was a one off case and not to be used as a sentencing precedent. The man has a long and inglorious history of being a PAP dogaroo since the Immaculate Conception.)

Fri 02 Apr 2010 8:18 PM | Dick - Mr High Court Judge

Which part on the separation of power did you miss out in law school?

Sat 03 Apr 2010 10:57 PM | joanna - Disturbing

This is very disturbing news.

It looks like Chief Justice Chan Sek Keong has a grudge on the SDP.

Sun 04 Apr 2010 1:16 AM | Robox

Chan Sek Keong now can thank Choo Han Teck for making the prosepects of restoring public confidence in the judiciary even more remote. Not that I believed that he was even sincere about wanting to do so in the first place: it's much like the PAP government's insincerity about its latest fad to increase productivity.

If Chan Han Teck can rule as he did despite the submission by a friend of the court - which makes hers "expert evidence" - the end days of a corrupt judiciary are still not in sight.

On the other hand, the SDP has further cemented its reputation as a party that can be trusted to uphold the Constitution and the rule of law when - not "if - it forms the first non-PAP government.