Tuesday, June 25, 2013

Let There Be Light

The last time we had a reminder from the Attorney-General’s Chambers (AGC) on the subject of sub judice it ran something like this:
"Meanwhile, we would remind all parties that statements made by members of the public would be sub judice contempt, if the statements are calculated to affect the minds of the courts hearing the case, the minds of parties who are concerned in the case itself, or if they amount to public pre-judgment of the case, and there is a real risk of prejudice."

The public declarations of City Harvest Church (CHC) stalwart Chew Eng Han, who decided to leave the church after 17 years of service - in his words, "be it in the property search, the crossover, or the reputation of the leadership" - puts a new perspective on the legality. Let the lawyers throw some light on this.

Chew is not just a disgrunted member of the church. He happens to to one of 6 CHC leaders charged with conspiring to cheat by way of sham investments. Court hearings in the second day of the trial in May had already identified Chew as the one who, as investment manager, instructed CHC's finance manager to adjust the interest rate for a "special opportunity fund" to make the numbers match. As the director of AMAC Capital Partners, Chew could be fingered as the architect of the $11.4 million bond investment.

Chew's disclosures are quite specific, making reference to subjects like clandestine 4 1/2 hour meetings the church board may not be apprised of. If these are not fresh inputs to the court officials, it would be difficult to argue they will not "affect the minds of the courts hearing the case" or "the minds of parties who are concerned in the case itself". Even if deemed not amountable to public pre-judgement, it still presents a serious issue of prejudice in the case. One thing's clear, it is one hell of a teaser for part two of the trial due to resume in August.

Saul of Tarsus, a Pharisee on the Damascus Road, was struck down by a blinding light, brighter than the noonday sun, when he heard a voice saying: "Saul, Saul, why do you persecute me?" As the sunday school story goes, Saul then becomes Paul, the hated tax collector becomes a revered faithful disciple. The sun did come out on Saturday, and PSI reading was 36 this morning. Maybe miracles still exist. Even the politicians have stopped quibbling about the haze.

12 comments:

  1. The AGC says they have the right whether to proceed to charge anyone for any crime or whether to merely give a warning.

    Then if one were to say someone has committed contempt of court, how can one at the same time say a warning shall suffice.

    I am confused, how can an act of contempt of court not a serious enough chargeable offence unless they are playing politics as well ?

    ReplyDelete
    Replies
    1. Isn't the AGC politicalised too?

      How can it not be?

      Question answered by default.

      Delete
    2. The AGC is now the highest authourity,no ? Maybe the Law Minister will care to explain.

      Delete
  2. Talk about miracles, it's raining right now!

    ReplyDelete
    Replies
    1. LHL sent a lawyer's letter to the rain god?


      Saycheese

      Delete
    2. Their Minister for People's Welfare Agung Laksono did say, "It's not what Indonesians want, it's nature." He was right all along, all the blame game was for nought.

      Delete
    3. Hail, the rain god's reply.


      Saycheese

      Delete
  3. Rain yes, but will this be permanent relief from the haze? In the middle of the 100 year war, Europe was struck with the bubonic plague that nearly killed off the old continent. In our case, rain brings relief from haze but re-focus the challenges of more dengue cases. Problems unsolved, problems accumulating... no solutions, but more bonuses.

    ReplyDelete
  4. Look it's raining.
    No more haze.
    Time to give out more performance bonus to our Millionaire Ministers.

    ReplyDelete
    Replies
    1. yeah... it must be raining to clear the haze because WP and Aljunied residents have repented, and citizens have read, hear, and smell the right thing .

      Delete
  5. yes, just like when the global economy improves, red dot GDP also goes up and they claim 200% credit and pay double bonus. When global downturn comes and red dot economy goes down jobs are lost they say "What can we do?" in their facebook page and still pay their "fair share" of bonus. Plunder while they may, plunder while the sheeple sleep.

    ReplyDelete
  6. Thought this will only apply if our court are judge by jury, or someone up there think very little about the judge they put up there

    ReplyDelete