the erudite one
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sex, hetereosexual or homeosexual, keeps dominating our courts!
Lawyer seeks same-time verdict for 377A cases
Human rights lawyer M Ravi on Tuesday appealed to Singapore’s High Court to issue its judgment on two ongoing constitutional challenges to its controversial gay law at the same time.
In a letter sent to Justice Quentin Loh, who is presiding over the case brought forward by Ravi’s client Tan Eng Hong, as well as the case of couple Gary Lim and Kenneth Chee, the lawyer expressed concerns that verdicts being issued one after another may compromise the outcome of the case that receives judgment later.
Pointing out that Tan was in 2010 arrested, charged and detained under Section 377A of the Penal Code — which criminalises consensual intercourse between men — Ravi argued that his client should be permitted to submit arguments in front of any hearing on the constitutionality of the law.
“Further, the Court of Appeal must have the benefit of the fullest possible arguments prior to issuing any judgment on such an important constitutional question,” he wrote, adding that Tan in his case had raised issues not brought forward in the case of Lim and Chee.
Ravi expressed his hope that in the interest of “a fair trial and access to justice”, judgment for both cases will be issued together so that appeals can be joined and heard together, in the interest of all parties involved, since both cases challenge the constitutionality of the Section.
Tan’s case against Section 377A began after he was charged under the act in 2010 for engaging in fellatio with another man in a toilet cubicle in a mall. After Ravi questioned its constitutionality, prosecutors modified the charges they placed against him to committing an obscene act in public, for which Tan and his partner were fined $3,000 each.
The case of Lim and Chee was brought forward to the High Court in late November last year, after the couple, who have been together for 15 years, did not want to be labelled as criminals. Their case was heard before Justice Loh in mid-February this year, while Tan’s case was heard in early March.
When contacted, one of the two lawyers representing Lim and Chee said they would be agreeable to Justice Loh’s judgment being issued either separately or together.
“I don’t think it’s our place to request when a judgment is to be issued,” said Choo Zheng Xi, who is assisting senior counsel Peter Low with Lim’s and Chee’s case. “We are happy to leave this in the judge’s good hands.”
Source: Lawyer seeks same-time verdict for 377A cases
Lawyer seeks same-time verdict for 377A cases
Human rights lawyer M Ravi on Tuesday appealed to Singapore’s High Court to issue its judgment on two ongoing constitutional challenges to its controversial gay law at the same time.
In a letter sent to Justice Quentin Loh, who is presiding over the case brought forward by Ravi’s client Tan Eng Hong, as well as the case of couple Gary Lim and Kenneth Chee, the lawyer expressed concerns that verdicts being issued one after another may compromise the outcome of the case that receives judgment later.
Pointing out that Tan was in 2010 arrested, charged and detained under Section 377A of the Penal Code — which criminalises consensual intercourse between men — Ravi argued that his client should be permitted to submit arguments in front of any hearing on the constitutionality of the law.
“Further, the Court of Appeal must have the benefit of the fullest possible arguments prior to issuing any judgment on such an important constitutional question,” he wrote, adding that Tan in his case had raised issues not brought forward in the case of Lim and Chee.
Ravi expressed his hope that in the interest of “a fair trial and access to justice”, judgment for both cases will be issued together so that appeals can be joined and heard together, in the interest of all parties involved, since both cases challenge the constitutionality of the Section.
Tan’s case against Section 377A began after he was charged under the act in 2010 for engaging in fellatio with another man in a toilet cubicle in a mall. After Ravi questioned its constitutionality, prosecutors modified the charges they placed against him to committing an obscene act in public, for which Tan and his partner were fined $3,000 each.
The case of Lim and Chee was brought forward to the High Court in late November last year, after the couple, who have been together for 15 years, did not want to be labelled as criminals. Their case was heard before Justice Loh in mid-February this year, while Tan’s case was heard in early March.
When contacted, one of the two lawyers representing Lim and Chee said they would be agreeable to Justice Loh’s judgment being issued either separately or together.
“I don’t think it’s our place to request when a judgment is to be issued,” said Choo Zheng Xi, who is assisting senior counsel Peter Low with Lim’s and Chee’s case. “We are happy to leave this in the judge’s good hands.”
Source: Lawyer seeks same-time verdict for 377A cases
