Tuesday, December 15, 2009

Law Society vs Gopalan Nair, Court Transcripts and audio recordings

Ladies and Gentlemen,

Below is an Email that I have sent to the Tribunal, Ministers Wong Kan Seng and K Shanmugam and Attorney General Woon.

For the first time, I received a fax from the High Court and the Subordinate Court that they are prepared to hand over the requested court transcripts "to a courier company". Previously they said no such thing.

I get the impression that they are feeling the heat. I had complained to the Ministers and the Attorney General that they are looking very small now by demanding that I go to Singapore to collect these items or to send someone there, both of which options they know is impossible since I live in California.

Since they have now changed their minds, it is essential that I at least have sight of this evidence before I file my list of documents and Affidavit. Damage has already been caused to my case by my not having this at the time of filing my defense, which I have done.

Let us see now whether they would give me the additional time for preparation, since it is they, not I, who has caused this difficulty by their refusal earlier to see reason and comply with their legal duty.

It has to be stressed that I am doing this under protest. Any jurisdiction worth it's salt in quasi criminal and administrative proceedings such as this would do this at their expense. They would not be expecting the defendant to bear such costs.

Second, I hope that the Ministers in Singapore would advice the Singapore Disciplinary Tribunal that they would look very small if they do not provide the audio recording in the High Court which is available to every other Defendant. What are they afraid of? That I would post it online?

Very Best
Gopalan Nair

Court Transcripts and audio recordings

Wednesday, December 16, 2009 5:34 AM
From: "Gopalan Nair"
To: angela_chopard@supcourt.gov.sg, yogeswari_n_vadivellu@supcourt.gov.sg
Cc: wong_kan_seng@mha.gov.sg, k_shanmugam@mlaw.gov.sg, audrey_wong@agc.gov.sg

Angela Chopard and her co worker N Vadivellu of the Singapore Disciplinary Tribunal

Wong Kan Seng, Minister for Home Affairs; K Shanmugam, Minister for Law; and Walter Woon, Attorney General Singapore,

Dec 15, 2009

This regards the court transcripts and audio recordings that I requested that is an essential part of discovery for my defense. So far you have refused to provide any of this. As for the court transcripts of both the High Court and Subordinate Court matters you had demanded that 'I come to Singapore to collect it personally" or "I send someone there to collect it for me". Since it is plain that I cannot come to Singapore, my coming there was not possible. Second, since I have no one in Singapore, noone can collect it for me short of being far too expensive.

Although it is your duty all along to provide these documents, at your cost, as in any trial against the Defendant, you have refused to abide by your duty in the law of discovery. It can only seem that you want to make it as difficult as possible for me to defend these charges, which is not suprising, given their nature.

All of a sudden, on Dec 10, 2009 I received a fax from the High Court and a similar fax from the Subordinate Court of the same date which says that "I could arrange for a courier company to collect them and forward them to me".

This is an entirely new development. Had I been told that I could get a courier to pick it up, perhaps I would have done this, although it is your responsibility to send these things to me at your cost. Not mine.

Now since you are saying this for the first time, and since I need these transcripts and the audio for me to properly file my Affidavit, please vacate all future dates of Jan 07, 2010 for filing lists of documents, Feb 05, 2010 for filing the Affidavit and the trial dates in March 2010. This is to enable me to now make arrangements to get a courier who will do this, to receive the documents,forward them, and I peruse them and to file the necesary documents thereafter in good time.

In the meantime please be reminded that I have also requested the audio recordings in the High Court. You have flatly refused it. You are required also to provide it. It is essential evidence.

This Email is also being sent to Wong Kan Seng, Minister Home Affairs, K Shanmugam, Law Minister and Walter Woon Singapore Attorney General as it appears that this has resulted in Singapore Disciplinary Tribunal's willingness to provide the transcripts through a courier whereas in the past they were not interested in providing anything.

This is being posted on my blog Singapore Dissident. For the reader who is new to this case, kindly read my earlier posts.

Gopalan Nair

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