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Saturday
Apr032010

High Court Justice overturns SDP five's acquittal

This should come as no surprise to seasoned observers of local politics.

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.

Ms Cheah [Wui Leng, associate professor of the Law Faculty at NUS]'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.

My thoughts on such a broad definition of such a law here. This decision is unsurprising, and is ripe for abuse. Justice Choo's ruling despite the brief filed by Prof Cheah, who was appointed by the court, does nothing to elevate the status of the judiciary as an impartial arbiter of the law, and in my mind, diminishes it, and reinforces the perception that our judiciary is an extension in which the ruling party reigns.

For those who want to believe in a democratic and just society, under the rule of law, and separation of the judiciary and executive/legislative/administrative arms, this is a very big disappointment.

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