Chee Soon Juan v Public Prosecutor: Revision of Proceedings and Alleged Constitutional Violations

Chee Soon Juan applied to the High Court of Singapore for a mistrial in his ongoing District Court trial for carrying out public entertainment without a license, alleging constitutional violations and bias. Choo Han Teck J dismissed the application, emphasizing that it was premature to challenge the trial judge's rulings before the trial's completion and that the proper procedure was to appeal after the trial.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Chee Soon Juan's application for a mistrial due to the investigating officer's presence during witness testimony was dismissed as premature. The court emphasized the importance of completing the trial before challenging rulings.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyWonWon
Han Ming Kwang of Deputy Public Prosecutors
Jennifer Marie of Deputy Public Prosecutors
Chee Soon JuanApplicantIndividualApplication dismissedDismissed
Chee Soon Juan of Independent Practitioner
Yap Keng HoAccusedIndividual
Ghandi AbalamAccusedIndividual

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Han Ming KwangDeputy Public Prosecutors
Jennifer MarieDeputy Public Prosecutors
Chee Soon JuanIndependent Practitioner

4. Facts

  1. Chee Soon Juan was charged with carrying out public entertainment without a license.
  2. The investigating officer was present during the recording of oral evidence of witnesses in the District Court trial.
  3. Chee Soon Juan filed a criminal motion seeking a declaration of a mistrial.
  4. The application alleged violations of Articles 9(1)–9(3), 12 and 14 of the Constitution.
  5. The applicant requested to file an affidavit after the trial in the District Court.

5. Formal Citations

  1. Chee Soon Juan v Public Prosecutor, Cr M 30/2006, [2006] SGHC 202

6. Timeline

DateEvent
Trial commenced in the District Court
Criminal Motion No 29 of 2006 dismissed
Application dismissed

7. Legal Issues

  1. Revision of Proceedings
    • Outcome: The court held that the application for revision was premature as the trial was not yet completed.
    • Category: Procedural
  2. Violation of Constitutional Rights
    • Outcome: The court did not rule on the alleged constitutional violations, as the application was dismissed on procedural grounds.
    • Category: Substantive

8. Remedies Sought

  1. Order declaring a mistrial
  2. Direction to the State Council to convene a Constitutional Court

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Criminal Law
  • Constitutional Law
  • Revision of Proceedings

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Public Entertainments and Meetings Act, (Cap 257, 2001 Rev Ed) s 19(1)(a)Singapore
Constitution of the Republic of Singapore (1999 Rev Ed) Arts 9(1)–9(3), 12 and 14Singapore
Constitution of the Republic of Singapore Article 100Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Mistrial
  • Revisionary powers
  • Constitutional violation
  • Investigating officer
  • Public entertainment
  • Abuse of process

15.2 Keywords

  • Criminal procedure
  • Constitutional rights
  • Mistrial
  • Singapore
  • High Court
  • Revision

17. Areas of Law

Area NameRelevance Score
Criminal Procedure75
Public Order Law60
Constitutional Law40
Administrative Law30

16. Subjects

  • Criminal Law
  • Constitutional Law
  • Civil Procedure