• About Us
    • Fact Checking Policy
    • Ownership & funding information
    • Volunteer
  • Subscribe
  • Letter submission
    • Submissions Policy
  • Contact Us
The Online Citizen Asia
  • Opinion
    • Editorial
    • Commentaries
    • Letters
    • Comments
  • Current Affairs
    • Singapore
    • Malaysia
    • Indonesia
    • China
    • ASEAN
    • Asia
    • International
  • Finance
    • Economics
    • Labour
    • Property
    • Business
  • Community
    • Arts & Culture
    • Consumer Watch
    • NGO
    • Lifestyle
    • Travel
  • Politics
    • Civil Society
    • Parliament
    • Transport
    • Education
    • Environment
    • Health
    • Housing
  • Law & Order
    • Legislation
    • Court Cases
No Result
View All Result
  • Opinion
    • Editorial
    • Commentaries
    • Letters
    • Comments
  • Current Affairs
    • Singapore
    • Malaysia
    • Indonesia
    • China
    • ASEAN
    • Asia
    • International
  • Finance
    • Economics
    • Labour
    • Property
    • Business
  • Community
    • Arts & Culture
    • Consumer Watch
    • NGO
    • Lifestyle
    • Travel
  • Politics
    • Civil Society
    • Parliament
    • Transport
    • Education
    • Environment
    • Health
    • Housing
  • Law & Order
    • Legislation
    • Court Cases
No Result
View All Result
The Online Citizen Asia
No Result
View All Result

Court maintains the position of "no rights to legal counsel within 48 hours"

by onlinecitizen
09/05/2014
in Current Affairs, Uncategorized
Reading Time: 3 mins read
0

By Terry Xu
The Court of Appeal has clarified that there is no legal requirement that a person be granted access to legal counsel within 48 hours and the access can be denied by the police up to almost 3 weeks.
On Wednesday, the three judge Court of Appeal led by Chief Justice Sundaresh Menon dismissed James Raj’s application and said the issue had already been decided in a 1994 case.
“This is settled law and we do not see that there is any controversy,” said the Chief Justice
The criminal motion was filed by Mr M Ravi on behalf of Mr James Raj to seek a declaration that under Article 9(3) of the Constitution of the Republic of Singapore (“Constitution”) that there is an immediate right to counsel upon the request of a person remanded for investigations and for James Raj to be granted immediate access to legal counsel.
It was first heard by Justice Choo Han Teck on 15 November 2013 which he later dismissed the application on 14 Jan 2014, saying that he was bound by the 1994 case of drug trafficker Jasbir Singh.
James Raj was arrested in Kuala Lumpur by the Malaysian police on 4th November 2013 as the alleged “Messiah” hacker responsible for the defacement of  the Ang Mo Kio Town Council website.
After his arrest back to Singapore, Mr Ravi requested to be granted access to him on 11 November 2013 but the request was denied. Access to legal counsel was again denied when he was charged in court on 12 November 2013. James Raj was eventually allowed access to his lawyer for a short while after a hearing on 3rd Dec 2013.
Mr Eugene Thuraisingam, co-counsel with Mr Ravi argued that the binding case in the judgement of Jasbir Singh had taken into consideration that legal access for the suspect should not affect the course of investigations and asked how would access to legal counsel hinder the police investigations in anyway.  He further pointed out that a suspect would have to charged in court within 48 hours of the arrest, and no access to legal counsel would surely present a disadvantage for the individual who has to face the court without knowing his/her legal rights.
Deputy Public Prosecuter G.Kannan, conceded on his point about the application by James Raj of being moot as the applicant had already been denied legal access for more than 48 hrs. He then went on to argue that a time limit cannot be imposed because “reasonable time” varies from case to case.
Mr Ravi in response to the verdict by the Court of Appeal said,

“We have to continue to fight for our constitutional rights and right to access to a lawyer within 48 hours is a very basic right which had been taken away from us . It is even more serious when we don’t even have the right of silence which was abolished in 1976. This means accused statements can be taken without access to counsel”

He added that one positive outcome of the case is that from now on, the prosecution would need to prove to the court’s satisfaction on reasons to deny further access to legal counsel.
James Raj is expected to appear in a district court again in two weeks’ time.
Read more on the application here – Right to counsel – lawyer M Ravi seeks court’s declaration on constitutional rights

For just US$7.50 a month, sign up as a subscriber on The Online Citizen Asia (and enjoy ads-free experience on our site) to support our mission to transform TOC into an alternative mainstream press.

Related Posts

Keppel O&M’s involvement in Brazil’s massive corruption scandal
Business

Keppel Offshore & Marine paid fines and damages of US$65 million to Brazilian authorities over corruption case

30/01/2023
Malaysian PM Anwar Ibrahim arrives in Singapore for one-day official visit
Malaysia

Malaysian PM Anwar Ibrahim arrives in Singapore for one-day official visit

30/01/2023
TikToker alleges being “thrown in airport jail” for going on a 10 hours day trip to Changi Airport
Comments

TikToker alleges being “thrown in airport jail” for going on a 10 hours day trip to Changi Airport

30/01/2023
Workers’ Party Sengkang MPs receives a “mountain of rice pack” from public after donation call for needy families in CNY
Politics

Workers’ Party Sengkang MPs receives a “mountain of rice pack” from public after donation call for needy families in CNY

30/01/2023
Former Singaporean shares change of life in Australia with annual pay of S$80,000 as a plumber
Comments

Former Singaporean shares change of life in Australia with annual pay of S$80,000 as a plumber

30/01/2023
Opposition parties greet Singaporeans during CNY festive season
Politics

Opposition parties greet Singaporeans during CNY festive season

30/01/2023
Subscribe
Connect withD
Login
I allow to create an account
When you login first time using a Social Login button, we collect your account public profile information shared by Social Login provider, based on your privacy settings. We also get your email address to automatically create an account for you in our website. Once your account is created, you'll be logged-in to this account.
DisagreeAgree
Notify of
Connect withD
I allow to create an account
When you login first time using a Social Login button, we collect your account public profile information shared by Social Login provider, based on your privacy settings. We also get your email address to automatically create an account for you in our website. Once your account is created, you'll be logged-in to this account.
DisagreeAgree
0 Comments
Inline Feedbacks
View all comments

Latest posts

Keppel O&M’s involvement in Brazil’s massive corruption scandal

Keppel Offshore & Marine paid fines and damages of US$65 million to Brazilian authorities over corruption case

30/01/2023
Malaysian PM Anwar Ibrahim arrives in Singapore for one-day official visit

Malaysian PM Anwar Ibrahim arrives in Singapore for one-day official visit

30/01/2023
TikToker alleges being “thrown in airport jail” for going on a 10 hours day trip to Changi Airport

TikToker alleges being “thrown in airport jail” for going on a 10 hours day trip to Changi Airport

30/01/2023
Workers’ Party Sengkang MPs receives a “mountain of rice pack” from public after donation call for needy families in CNY

Workers’ Party Sengkang MPs receives a “mountain of rice pack” from public after donation call for needy families in CNY

30/01/2023
Former Singaporean shares change of life in Australia with annual pay of S$80,000 as a plumber

Former Singaporean shares change of life in Australia with annual pay of S$80,000 as a plumber

30/01/2023
Opposition parties greet Singaporeans during CNY festive season

Opposition parties greet Singaporeans during CNY festive season

30/01/2023
Big C and DHL Supply Chain Thailand deploys electric trucks in joint collaboration to reduce carbon emissions

Big C and DHL Supply Chain Thailand deploys electric trucks in joint collaboration to reduce carbon emissions

30/01/2023
Gandhi’s killer a hero to India’s diehard Hindu nationalists

Gandhi’s killer a hero to India’s diehard Hindu nationalists

30/01/2023

Trending posts

Two Indian nationals paid about S$330 and S$730 respectively for forged certificates submitted in their S-Pass application

MOM found issuing EPs meant for foreign PMETs to PRC waitress and general worker

by Correspondent
26/01/2023
41

...

Earning only S$400 a month, delivery-rider turned hawker threw in the towel after two years of running a rojak stall

Earning only S$400 a month, delivery-rider turned hawker threw in the towel after two years of running a rojak stall

by Yee Loon
26/01/2023
24

...

Ho Ching breaks silence over Temasek’s write down of its US$275 million investment in FTX, says it “can afford to be contrarian”

US regulator questions VCs’ due diligence work prior to investing in FTX; Ho Ching says Temasek can afford to be contrarian

by The Online Citizen
24/01/2023
28

...

Former Singaporean shares change of life in Australia with annual pay of S$80,000 as a plumber

Former Singaporean shares change of life in Australia with annual pay of S$80,000 as a plumber

by Yee Loon
30/01/2023
13

...

Indian rupee falls 60% since signing of CECA while Singapore becomes top investor in India

by Correspondent
25/01/2023
59

...

Temasek and GIC reportedly in talks with Adani Group accused of “brazen” market manipulation and accounting fraud

Temasek and GIC reportedly in talks with Adani Group accused of “brazen” market manipulation and accounting fraud

by The Online Citizen
26/01/2023
49

...

May 2014
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031  
« Apr   Jun »

The Online Citizen is a regional online publication based in Taiwan and formerly Singapore’s longest-running independent online media platform.

Navigation

  • About Us
    • Fact Checking Policy
    • Ownership & funding information
    • Volunteer
  • Subscribe
  • Letter submission
    • Submissions Policy
  • Contact Us
  • About Us
  • Subscribe
  • Letter submission
  • Contact Us

© 2022 - 2023 The Online Citizen Asia

No Result
View All Result
  • Opinion
    • Editorial
    • Commentaries
    • Comments
  • Current Affairs
    • Malaysia
    • Indonesia
    • China
    • ASEAN
    • Asia
    • International
  • Finance
    • Economics
    • Labour
    • Property
    • Business
  • Community
    • Civil Society
    • Arts & Culture
    • Consumer Watch
    • NGO
  • Politics
    • Parliament
    • Transport
    • Education
    • Environment
    • Health
    • Housing
  • Law & Order
    • Legislation
    • Court Cases
  • Lifestyle
    • Travel
  • Subscribers login

© 2022 - 2023 The Online Citizen Asia

wpDiscuz