In what might very well be the first of its kind, prosecution
witness Mohd Hassan told the court that the charge written by the
Attorney-General's Chambers for the WB-IMF protest was
"incorrect".
DSP Hassan was testifying on the third day of the current three-day
tranche for which Mr Gandhi Ambalam, Ms Chee Siok Chin, Dr Chee
Soon Juan, Mr Tan Teck Wee, and Mr Teoh Tian Jing are charged with
"attempting to participate in a procession from the Speakers'
Corner to Parliament House" on 16 Sep 06.
In a bizarre day of testimony, the officer said that the protesters
and the crowd who had gathered on the morning of 16 Sep at Hong Lim
Park was illegal as the place was not Speakers' Corner.
This was why he had ordered his assistant to use the loudhailer to
order those present to disperse as the gathering constituted an
unlawful assembly. This was also why officers were advising members
of the public who had turned up not to join in the illegal
event.
But it was pointed out to the witness that the group had registered
at the police station before proceeding to speak and that no permit
was required for the Speakers' Corner.
Dr Chee Soon Juan even produced a map of Hong Lim Park showing the
demarcation of the Speakers' Corner.
DSP Hassan was mot moved. The area was still not the Speakers'
Corner, he insisted.
"But the charge says we were at Speakers' Corner and had attempted
to stage a procession from Speakers' Corner," Dr Chee pointed out.
"Yet you say that we were not at Speaker's Corner."
"Yes, I did not draft the charge, Your Honour," Mr Hassan told the
judge.
"So are you saying you are right and the charge is wrong?" asked Dr
Chee.
"No, I never made the allegation that Dr Chee intended to march
specifically from Speakers' Corner."
"So you disagree wtih this charge?" Dr Chee pressed as the witness
was obviously prevaricating.
Mr Hassan hesitated: "It's not up to me to agree or
disagree."
"You say one thing and the charge says another. Do you disagree
with the charge?" Dr Chee asked the third time.
"I'm not sure," the witness started to waver, "because I was not
involved in its drafting."
"Witness, I'm not asking whether you were involved in drafting the
charge," Dr Chee pushed on, "I'm asking you whether you agree with
the charge or not."
Mr Hassan refused to answer.
"Let me make this simple. You testify that we were not within
Speakers' Corner. I've shown you this charge which specifically
says that we were at Speakers' Corner. The two are at odds. I'm
asking you right now, whether you drafted it or not, would you say
that this charge is incorrect?"
The witness thought for a moment and finally conceded, "Yes."
'Dr Chee broke away' - or maybe not
On another topic DSP Hassan had testified that he stood directly in
front of Dr Chee to stop the SDP secretary-general and the group
from carrying out the march. In addition, two police cordons were
formed around the group to prevent it from proceeding out of
Speakers' Corner.
Chee was supposed to have broken away
But at one point during the incident, Dr Chee had told the DSP that
the protesters would walk singly instead of in a group. No law says
that persons cannot walk singly.
Based on that the officer allowed the protesters to proceed
separately. A few seconds later, however, Mr Hassan changed his
mind and ran after Dr Chee to stop him. By then Dr Chee was at the
traffic-light junction of North Canal Road and South Bridge
Road.
In a shocking twist, however, the DSP told the court that "Dr Chee
managed to break away" from him.
Mr Gandhi Ambalam confronted Mr Hassan on this and pointed out that
it was the DSP who had allowed Dr Chee to pass through him and the
police cordons.
"I didn't allow him to pass through, he broke through," the witness
insisted.
When Dr Chee took over the cross-examination, Mr Hassan again
claimed that it was the SDP leader who had broken away and not he
who had allowed Dr Chee to pass through.
"I'm giving you every opportunity to be as clear as you can be," Dr
Chee warned. "I've no pleasure in confronting you at a later stage
with evidence. I'm reminding you that you are under oath. Now
again, did you at any point allow me to walk away outside the
cordon towards the corner of North Canal Road and South Bridge
Road? Yes or no?"
"It's not that I allowed Dr Chee to move, but he did break away,"
the witness resisted one last time. Then he conceded, "I initially
told Dr Chee to go ahead. If your intention is to walk alone, then
you should proceed."
"I'm glad for your own sake that you now admit that I did not break
away. You had allowed me to go by saying 'go ahead', correct?" Dr
Chee asked.
"Yes," the DSP finally relented, "that was my reaction initially,
Your Honour."
By then it was close to 6 pm and the hearing was adjourned to the
next tranche of dates set for 18-19 Mar 09.
Note: The local media is completely censoring news about this and
other hearings involving the SDP and other activists. The reason is
because the PAP doesn't want the public to understand legal
arguments about civil liberties, and the many gaffes and lies of
the police as they try to fix peaceful protesters.
Alright, he's too foolhardy and unwise a person for me to like
him as a politician.
But anyway, it's still good to see him score his first
mini-victory after so many falls. 
Credits to: Sgbikes and hardwarezone forums
