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Lawyer
Dodwell says that CSJ should be treated equally under the law
8
Jan 09
Mr Alfred Dodwell, counsel for Dr Chee Soon Juan,
raised in the on-going trial a constitutional question about
discrimination against his client.
Dr Chee is charged with
attempting to leave the country without permission. Persons
adjudged bankrupt have to apply for permit to the Official
Assignee's (OA) to travel overseas. He had made an application to
attend the 4th General Assembly of the World Movement for
Democracy held in Istanbul, Turkey in April 2006.
Mr
Dodwell asked Judge Aedit Abdullah to rule that the method in
which bankrupts are treated in as far as considering their
application to travel overseas is both arbitrary and
discriminatory.
The OA's office groups insolvent persons
into two categories: Red Zone or Green Zone.
Those in the
Green Zone have to fulfill certain conditions such as making
regular payments to their creditors, filling up forms promptly,
not committing an offence during their bankruptcy, etc. They will
likely be allowed to travel.
The remainder fall in the Red
Zone and their applications for overseas travel will not be
considered favourably. Their bankruptcy will also be discharged
less quickly than those in the Green Zone.
Mr Dodwell
contended that under the Article 12 in the Constitition, "All
persons must be given equal protection under the law…"
and that under the law "there shall be no discrimination"
of any person.
Mr Dodwell pointed out that, from
cross-examination of the prosecution's first witnesses, not all
bankrupts are treated equally by the OA's office.
For
example, Senior Officer Jonathan Chua said he had noticed Dr Chee
Soon Juan when the SDP leader walked in to the briefing room
which Mr Chua was conducting for about 30 other insolvent persons
on 9 Mar 07.
Defence counsel
noted that while Mr Chua could not remember what time other
bankrupts arrived that morning, he had noted the time which Dr
Chee arrived for the briefing.
Mr Dodwell also
alerted the Court to the fact that Mr Chua had attended to Dr
Chee together with another officer. Other bankrupts were attended
to by only one officer.
Mr Dodwell argued that the system
of categorization into Red and Green Zones created a "chaotic
morass" upon which the criteria for considering a bankrupt's
application for overseas travel rests.
In the present
case, Mr Dodwell pointed out, his client had repeatedly applied
to leave the country to attend democracy conferences but was
turned out every time.
"Dr Chee is the
secretary-general of the Singapore Democratic Party being invited
to conferences all over the world," the lawyer told the
Court. It would be important for him to attend these conferences
but because he is "impecunious", he is not allowed to
travel.
Dr Chee had repeatedly indicated that he did not
have enough funds to pay Mr Lee Kuan Yew and Mr Goh Chok Tong for
the $500,000 in damages the courts awarded to the two former
prime ministers in a lawsuit in 2001.
"This denial to
allow him to attend the World Movement for Democracy conference
was due to the arbitrary categorization of bankrupts," the
lawyer added. "How the permission is granted must not be
arbitrary."
He argued that he should be allowed to
apply to the High Court for it to look into this matter as Dr
Chee is entitled to equal treatment under the law as guaranteed
in the Constitution.
Judge Aedit Abdullah rejected Mr
Dodwell's application but indicate that the lawyer could
"revisit" the issue at the close of the case.
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