The Tak Boleh Tahan protest case
Wednesday, 5 November 2008, 9:13 am | 994 views
Ng Yi Sheng / Guest Writer
Considering the importance of this case, it’s a scandal that almost no reporting has been done on it since it began. 19 people have been charged for illegal gathering – the largest number of people ever in such a trial – over the SDP-led Tak Boleh Tahan protest about poverty and government-initiated price hikes held outside Parliament House on 15 March this year.
Though I’ve zero experience in reporting trial proceedings, I figure the least I can do is give readers a basic update of what’s been happening. More info can be gathered off the SDP website. But here goes:
The trial has labeled as “PP vs. Chee Soon Juan and 18 ors”, and it began on Thursday 23 October, with the defendants charged on two counts:
i. under Section 5(4)(b) Chapter 184 of the Miscellaneous Offences (Public and Nuisance Act) for participating in an assembly outside Parliament House on 15 Mar 08,
ii. under Section 5(4)(b) Chapter 184 of the Miscellaneous Offences (Public and Nuisance Act) for participating in a procession outside Funan Centre on 15 Mar 08.
The prosecution is represented by Deputy Public Prosecutor Mr Isaac Tan, and the case is presided over by District Judge Chia Wee Kiat. Despite the title of the case, there are at present, only 17 defendants:
1. Mr Gandhi Ambalam
2. Mr Chia Ti Lik
3. Mr Chong Kai Xiong
4. Mrs Jaslyn Go
5. Ms Chee Siok Chin
6. Mr Govindan Rajan
7. Dr Chee Soon Juan
8. Mr Jufrie Mahmood
9. Mr Jufri Salim
10. Mr Seelan Palay
11. Mrs Surayah Akbar
12. Mr Shaffie
13. Mr Carl Lang
14. Mr John Tan
15. Mr Francis Yong
16. Mr Sylvester Lim.
17. Mr Yap Keng Ho
Two defendants, Mr Ng E-Jay and Mr Jeffrey George, pleaded guilty on the first day because of time pressures: being present for the trial would have badly disrupted their work schedules. They were fined $600 and $1,200 respectively.
Proceedings for the case are slow, and are set to last for several weeks, partly because of the large number of defendants (reading the charges alone took half a day). There is still a strong spirit of camaraderie between them: they began the trial wearing red shirts together and now continue to share picnic lunches at Hong Lim Park every day.
The defendants have also raised a number of arguments regarding the charges and the court proceedings, including:
1. That the charges are unconstitutional. The Constitution of Singapore espouses the right to free assembly and speech. Thus, the laws against assembly and procession are invalid, and the Licensing Authority from which SDP sought a permit for the protest has no right to selectively approve and deny licences.
The Constitution also guarantees equality under the law. Given that so many people gather at Parliament House, the choice to prosecute 19 out of the thousands may be viewed as discriminatory. Dr Chee’s full argument may be read here.
The DPP has countered that there are High Court cases where constitutitonality has been ruled out as a factor to be considered in cases. Judge Chia has accordingly dismissed the claims as irrelevant. Dr Chee later brought up Subordinate Courts Act Section 56, which states that a Subordinate Court encountering constitutional issues that it cannot deal with should submit the case to the High Court. Judge Chia says he is not inclined to do this.
2. That the area gazzetted as being off-limits to assemblies is undefinable. The law books state that rallies of more than two people are illegal in the area around Parliament House. However, the terminology defining this area is problematic: one border is Parliament Lane, which no longer exists, and Stamford Road is now known as Raffles Avenue. The Prosecution’s second witness, Licensing Officer Yeo Kok Leong, was unable to draw a complete boundary defining the off-limits area.
More may be read here and here.
There have also been some procedural objections:
1. That the trial has been illegally joined. According to CPC section 168, trials must be carried out separately for individuals unless they have been officially joined. However, the trial began without such one until the late afternoon of the first day. This is especially problematic as by that time one defendant had already pleaded guilty, thus prejudicing the judgment of all the others. This objection, however, was ignored.
See here.
2. That the Attorney-General’s Chambers has been tardy and inconsistent in making video evidence available to the defendants. This is further explained here.
I haven’t been to every day of the proceedings, so most of this information comes from the defendants’ accounts and thus may be biased. I requested to interview the DPP, but was declined.
One thing I have noticed, however, is the extreme difficulty that a witness may have saying something favourable to the defendants’ case, as in a recent cross-examination of Licensing Officer Yeo Kok Leong by Dr Chee. Mr Yeo was presented with two contrasting print-outs of the licence application, one from his own side and one from the defendants’ side. When asked if they were the same, Mr Yeo found it impossible to simply answer, “No”, replying instead that they were substantially the same, even after repeated questioning for a yes-no answer.
The trial has stood down since last Friday so that two of the defendants, Mr Shaffie and Mr John Tan, may be tried in a separate case. Together with Mr Isrizal bin Mohamed, the three are being charged for contempt of court for wearing kangaroo T-shirts at a defamation trial. (There’s an article on the background of this here. Theirs is a three-day trial, from Tuesday to Thursday, at High Court 6B.
The trial for the Tak Boleh Tahan protest will resume on Friday at Subordinate Court 25. Proceedings are held during office hours. I encourage readers to attend if they can.
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I’m disappointed with Straits Times. Such an important piece of news…of paramount public interest…never report. Just report bad things of SDP only.
DON’T DARE TO AIR DIRTY LINEN IZZIT??????????????
People in London can even camp outside Westminister to protest against the Iraq war.
Here we can’t even have a lame protest allowed. Sad.
I think the recent mini bond has shown that protest can be peaceful in getting the the government and MAS to work faster. We all know how relectant the authorites are when a real crisis is at hand… especially when dealing with $. And don’t you think a civil protest is a means to communicate with the authorities and help the people….unless the authorities wan to have a hands off approach and risk their power in the next election? Not wise.
Ok, maybe I will get some flame..
but why couldn’t they just do it at the GAZETTED AREA of HONG LIM PARK.
These bunch of people are just trying to break a stone using eggs.
“but why couldn’t they just do it at the ANYWHERE IN SINGAPORE as long as it is peaceful.”
And why should they. They are willing to pay the price by telling people that your GAZETTED AREA is one crap thing.
You ’stony friends’ have given them a life-time job to keep on doing it.
“but why couldn’t they just do it at the GAZETTED AREA of HONG LIM PARK.”
When they held that protest, the Hong Lim Park was not gazetted for protests yet. The SDP was charged for protesting at Hong Lim during the IMF….. it was last year I think.
That doesn’t mean I support the SDP or their crap about themselves being the reason why Hong Lim Park was “opened” up.
“That doesn’t mean I support the SDP or their crap about themselves being the reason why Hong Lim Park was “opened” up.”
So who and what do you think is the reason for HLP being opened up.
George Bush ? Big Brother ? Or collective force (like the similar Force in Star Wars) ?
Maybe HLP somehow has some human-nature decency & opened up by itself as a free volunteering venue after seeing too much of SDP performing their ‘crap’ without a proper place.
Ya Right. The MIW saw the light and decided that Singaporeans were matured enough to have a small little playpen to protest and romp around. Didn’t our esteemed Old Lee say that Singapore will fall into anarchic if they allowed protests in Sg? The report from IBA and bad publicity from the actions of MIW and their highly paid hatchet men who were supposedly protecting the honor of Sg didn’t play a part in getting them to give us crumbs from their table. Gracious society, right!!!!!!!
SDP and the people associated with it is just wasting their limited time, energy and resources trying to gain political mileage and eventual victory in the next GE. While I am all for political alternatives in Singapore, I urge them to learn to channel their limited resources into wholesome activities that the community at large could identify with.
A good person they could learn from is Mr. Tan Kin Lian. With a few idiots faulting him, I think the vast majority would think he has done a great service to the people who are dying to have their voices heard.
Perhaps, with two more years to go into the next GE, SDP should take heed and get on the right path.
SDP and the people associated with it is just wasting their limited time, energy and resources trying to gain political mileage and eventual victory in the next GE. While I am all for political alternatives in Singapore, I urge them to learn to channel their limited resources into wholesome activities that the community at large could identify with. – Weaskforit (#9)
I think you forgot that protests at Hong Lim Park were only legalised since 1 September 2008. So any protest conducted before 1 September 2008 is actually illegal. What SDP has showed so far there is always legitimate grievance needed to be aired, yet the PAP has refused to accept this for many years. Now with Speaker’s corner being liberalised, is it hard to see that the points made across by SDP has always been valid? Politics is not a dirty word.
The Party was founded by MP CST. It was a great moment for Singapore. What happened after that? He was kicked out! Now, the makeovers only know how to protests, marches, hunger strike and the likes. All these are stupid acts. It may work in the 1950s/60s. They are still rubbing their eyes after a wake up call.
My advice: All of them should Close shop, go Home and continue to Sleep.
CST and LTK are playing the PAP rules of game. Hence they are allowed to survive and not suffered too badly. Don’t mistaken me. They are still sufferers under the current regimes.
CSJ and others do not agree with the PAP rules of game. They try to break these rules by their various acts of civil disobedience without violence (”protests, marches, hunger strike and the likes.”) The crux of their effort is to bring out the unfairness, injustice and stupidity of some of these rules.
The mass media is doing its job to protrait CSJ and others as lunactic and stupid so that the non-thinking readers will just ignore them.
But other thinking readers will think otherwise.
As always, everyone’s perception is different. What lagging in SG is that the elites do not have the grace to tolerate discent.
What lagging in SG is that the elites do not have the grace to tolerate discent. – Anonymous (#12)
That’s why such elites are no better than the average man on the street.
12) Anonymous
Cannot say it any better.
I would advise all to read and re-read your post again and again. CSJ and his supporters have been maligned over and over until everyone repeats (without thinking) what the govt and media call him – a gangster and a political novice.
This is what the PAP wants us to believe but we should know better. We are becoming more matured as the days go by. Am I not correct?
CSJ was called a psychopath by MM in the recent court case. The mass media reported it in verbatim.
Should one believe such an assertion?
Confucius has a saying “Trust everything you read in a book? I would rather your book does not exist.”
All Oppositions are idiots. They behaved as idiots. They made themselves so.
Why “cheats” for attentions? Why drink glucose while on hunger strike? Why cheat transport fares to attract attentions? Why protest marches? Why kicked themselves in their own “bundaks”, “marked” and “sacked” and “played” one another up and caused the Oppositions all into disarray? These are shameful acts. Why now “main wayang” and “main bundaks” at this time? They should pro-offered apologies a thousand times to All Singaporeans.
The Opposition are viewed as “hopelessly inadequate” and did nothing to muscle themselves up for the battle ahead. They are useless and fail in their jobs. We need “new bloods”, fresh faces equipped with new ideas to stand up and replace all these Fools.
16) Oscar Choy on November 7th, 2008 6.47 am
You poor peasant! You have accepted the MIWs story lock stock and barrel. As a citizen and taxpayer, don’t you have any rights at all to make a change in our country. Join the Opposition if you want to criticize the government. Hm….. who said that. Oops! The Old Lee? We need an Oscar Choy to lead the way for the opposition. There is hope for Singapore and opposition parties now.
Oscar Choy,
please lead the way and be our next Obama then. Show us that what you say is just credible as what you do.
“Why “cheats” for attentions? Why drink glucose while on hunger strike? Why cheat transport fares to attract attentions? Why protest marches? ”
What is this compare to what the gahmen do ? So what are you going to do when the gahmen are far more worse ? Are you shooting at the wrong target because it is so much easier to shoot at opp party ? The opposition don’t have any obligation to help the country because we don’t pay these opp party to do the work, they feel oblige to do what is right. But we pay the pap to do the work , but then we are not happy with them and do not think we need to pay them much for crap. So why use opp party to vent your anger ?
Seemingly, the power of the internet is spreading so fast that we are beginning to see the infiltration of MSM propaganda among us.
Rememebr how the govt gathered a bunch of its youth members to prepare them to go into the internet wilderness to counter all anti-govt sentiments as anonymous individuals? It knew that if the discussions in the internet are not countered, it will begin to loose ground and might eventually see to its downfall.
We are now seeing such infiltrations which can only mean one thing. Our power is growing, the establishment is shaking. We must continue to grow.
We will get some irritating pesty ants every now and then, we’ll just have to bear with them. Luckily, Netizens are more discerning than ever before and liars have no place in this platform. Neither do those who yell their lungs out for ridiculous and ludicrous reasons.
People like Oscar Choy ought to be ignored. Some of us have already commented to his outburst at other threads here in TOC but he would disappear and repeat the same rants at a new thread without the b**ls to engage the comments made by fellow bloggers.