Saturday, August 16, 2008

I witnessed Ravi's mistrial today in court

As simple as any layman will understand, it is a mistrial today at court for M Ravi's hearing regarding AGC's re-application to commit him to remand in Institute of Mental Health.

Mr. Ravi discharged his council Mr. Chia Ti Lik at the very beginning of the trial in open court at court 9, the trail went on for the entire morning with Mr. Ravi only representing himself without any other council. Under the law's very basic providence, any person on trial have the rights to council, however, the deputy public prosecutor went on the hearing asking the court to commit Mr. Ravi to IMH, as the accused Ravi who is supposedly of unsound-mind DID NOT HAVE ANY COUNCIL. And the presiding judge still let this application and argument went on for entire morning session.

Any layman of law will be able to simply understand that an accused person should not be defending in person without any council, against an application to commit himself to remand in mental hospital for having UNSOUND MIND. How can a person of UNSOUND MIND be able to represent himself? How can a court accept to hear an application in such a seriously unfair and prejudiced condition? How can this be right under any kind of law or legal system?

This is a very basic principal regardless of the background of accused person.

A surgeon is not supposed to operate on himself as his own patient.

A judge is not supposed to preside on his own case when he is accused person involved within the case.

A person being alleged to be of unsound mind shouldn't be unrepresented by a competent council for the hearing which might result to his own committal to a mental hospitalization.

If the public prosecutor by his own practice let such an accused person represented himself for such a hearing, he had already indeed compromised his own position to argue that this accused person is mentally incompetent or unfit, since the accused person can only be either of unsound mind meaning unfit to defend himself on his own, or being mentally fit and competent to defending himself in such a hearing. This has to be EITHER and can not be BOTH.

This hearing proceeding in such obviously unfair and unjust condition is scheduled to continue in the same manner tomorrow, can any one in the right mind imagine? In the absent of a lawyer representing Mr. Ravi, the court should had adjourned or appoint some qualified & competent lawyer before proceeding. Although Mr. Ravi is himself a very profound and senior lawyer, and he presented a logical and professional defense for himself in court today, as I witnessed, he still suffered serious prejudice.

If another person who is not trained in law like myself were in Ravi's shoes, facing such kind of insane trial can you imagine how much injustice and prejudice can be done in a famiLEE LEEgime court this way?

It is sad that DPP today did not realized his self-contradictory position in court. Mr. Ravi had been seriously prejudiced, and the judge let this not only go on for entire morning until court break for lunch and continued again in the afternoon session in the exactly same way, in Court 10, until after 5pm. Mr. Ravi suffered a mistrial and the famiLEE LEEgime's court made a miscarriage of justice, I witnessed the entire morning session until lunch.

I returned for the trial in the late afternoon, however as I arrived, it was already over on my arrival I met Mr. Ravi who was on his way walking out of the court.

Actually Mr Gopalan Nair was also on trial at Court 6 today, when Ravi's hearing was not in session at Court 9, I sat in Court 6 to listen to Mr. Nair's trial. Mr. Nair defended himself without any lawyer, and it was the 2nd mata witness for his cross examination today. Mr. Nair put this mata on the stand for 4 days of cross examination. The judge and DPP seems to be much more patience than those I had encountered in my own cases. :-)

Before dinner, I took Mr. Gopalan Nair to Mr. Ravi's office and we had a coffee together.

It was a very happy gathering, and we are all very pleased. I am very satisfied because the two of them Mr. Ravi & Mr. Gopalan Nair had for long donkey years suffered misunderstandings among themselves and they were not in good terms. Most people who know both of them will not expect this happy visit to take place.

However to our surprise, famiLEE LEEgime's charges against both of them (both lawyers, both Indians) had turned their hostilities back into friendship! I am so happy that I shared this happy moments with my 2 friends this evening. :-) Oh yes famiLEE LEEgime can do magic turning rival oppositions into friends! Thanks very much LEEgime! Charge us more! You are welcomed!

In such a happy occasion I received a nice gift from Mr. Ravi which is this blue colored Chinese coat that I was wearing in this picture taken at Ravi's office:

Mr. Ravi showed me the worship room within his office that is sacred to him, where the famiLEE LEEgime matas without showing warrants / cards entered with shoes disrespectfully to arrest him:

View from Mr. Ravi's office window:

China Town and The Sri Marianman Temple as well as the Masjid Jamae mosque are all in clear view from Mr. Ravi's office window: (click on pictures to enlarge view)

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