Lasry Lex QC v Attorney-General: Ad Hoc Admission & Res Judicata in Capital Offense Case
Mr. Lex Lasry QC, an Australian Queen's Counsel, applied for ad hoc admission to the High Court of Singapore to argue a pre-trial constitutional point in a capital offense case, Nguyen Tuong Van. The High Court, presided over by Justice Choo Han Teck, dismissed the application based on res judicata and the lack of special reasons justifying the admission. The court found that the constitutional argument could have been raised in a previous application and could be adequately presented by local counsel.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for ad hoc admission to argue a constitutional point in a capital offense case was dismissed based on res judicata and merits.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lex Lasry | Applicant | Individual | Application dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tito Isaac | Naidu Mohan & Theseira |
| Joseph Theseira | Naidu Mohan & Theseira |
4. Facts
- Mr. Lex Lasry QC applied for ad hoc admission to represent Mr. Nguyen Tuong Van, charged with a capital offense.
- Mr. Nguyen was arrested at Changi International Airport with 396.2g of heroin.
- A previous application by Mr. Lasry QC for ad hoc admission was dismissed by Justice Tay Yong Kwang.
- Mr. Lasry QC sought admission to argue that the mandatory death penalty is unconstitutional.
- The Attorney-General and the Law Society disputed the novelty of the constitutional argument.
- The court found that the constitutional argument could have been raised in the previous application.
5. Formal Citations
- Re Lasry Lex QC, OM 26/2003, [2003] SGHC 287
6. Timeline
| Date | Event |
|---|---|
| Arrest made | |
| Application for ad hoc admission dismissed | |
| Application dismissed |
7. Legal Issues
- Res Judicata
- Outcome: The court held that the application was barred by res judicata because the constitutional argument could and should have been raised in the previous application.
- Category: Procedural
- Sub-Issues:
- Abuse of court's process
- Matters which could and should reasonably have been raised in earlier proceedings
- Related Cases:
- [2000] 1 SLR 517
- Ad Hoc Admission
- Outcome: The court held that no special reasons existed to justify the ad hoc admission of the Queen's Counsel.
- Category: Procedural
- Sub-Issues:
- Special reasons for admission
- Exercise of judicial discretion
- Related Cases:
- [1998] 1 SLR 432
- Constitutionality of Mandatory Death Penalty
- Outcome: The court reserved the determination of the constitutionality of the mandatory death penalty to the trial judge.
- Category: Substantive
- Related Cases:
- [1980-1981] SLR 48
- [2002] 2 AC 235
8. Remedies Sought
- Ad hoc admission to argue a pre-trial argument
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Litigation
- Constitutional Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Caplan Jonathan Michael QC | N/A | Yes | [1998] 1 SLR 432 | Singapore | Cited for the test of 'special reasons' for the admission of a Queen's Counsel. |
| Ching Mun Fong v Liu Cho Chit | N/A | Yes | [2000] 1 SLR 517 | Singapore | Cited for the principle of res judicata based on the abuse of the court’s process. |
| Ong Ah Chuan v Public Prosecutor | Privy Council | Yes | [1980-1981] SLR 48 | N/A | Cited regarding the consideration of the constitutionality of capital offences. |
| Reyes v The Queen | N/A | Yes | [2002] 2 AC 235 | N/A | Cited in relation to whether Ong Ah Chuan has any value after Reyes v The Queen. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 21 Legal Profession Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Ad hoc admission
- Res judicata
- Queen's Counsel
- Capital offense
- Mandatory death penalty
- Special reasons
- Constitutional argument
15.2 Keywords
- Ad hoc admission
- Res judicata
- Capital offense
- Constitutional law
- Criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Ad Hoc Admission | 90 |
| Constitutional Law | 85 |
| Legal Profession Act | 75 |
| Res Judicata | 70 |
| Misuse of Drugs Act | 60 |
| Evidence Law | 40 |
| Appellate Practice | 30 |
| Asset Recovery | 20 |
| Arbitration | 20 |
16. Subjects
- Criminal Law
- Legal Profession
- Constitutional Law