Jolovan Wham found guilty of public assembly without a permit. Event in question featured Hong Kong pro-democracy activist Joshua Wong.

The police had advised Wham that the presence of Wong would require a permit.

Matthias Ang | January 04, 2019, 12:40 PM

On Jan. 3, activist Jolovan Wham was found guilty of organising a public assembly without a permit, and refusing to sign a police statement pertaining to the lack of a permit for the event.

According to Channel NewsAsia (CNA), the event in question had been "Civil Disobedience and Social Movements", held two years ago at The AGORA in Sin Ming Lane on Nov. 26, 2016.

Presence of Joshua Wong necessitated a permit

CNA added that as the event had featured a live speech by Hong Kong pro-democracy activist Joshua Wong Chi-Fung, via a video call, Wham had been told by a police officer that he would need a permit for the event.

Wham decided to go ahead with the event without applying for one.

The Straits Times (ST) reported that this led to police investigations after the event's conclusion, and their subsequent recording of a statement by Wham on Dec. 20, 2016.

CNA reported that in recording his statement, Wham confirmed his actions but refused to sign the statement, unless he was given a copy of it as well.

Defence's arguments rejected

Wham's defence lawyer, Eugene Thuraisingam, was further quoted by CNA as arguing that Wham's actions did not pose a threat to public security or safety as it was simply a "discussion" which did not publicise any specific cause.

Thuraisingam also added that the requirement for a permit breached "the accused's constitutional right of freedom of assembly".

ST reported that such arguments were countered by the prosecution, Deputy Public Prosecutors Kumaresan Gohulabalan and Nicholas Wuan, however, who stated that the argument of a permit's requirement breaching Wham's constitutional right was "vague" and "misconceived."

The prosecution also pointed out that the event's title -- Civil Disobedience and Social Movements -- was clear indication of Wham's intention to publicise a cause.

What's more, the speakers at the event had "urged the public to consider the role of civil disobedience and democracy in building social movements for progress and change."

CNA reported that the District Judge Kessler Soh also called Wham's refusal to sign the police statement "unjustified" and rejected the defence's arguments, stating:

"I do not find the defence has raised any valid defence."

Not Wham's first run-in with the law

This is not the first time Wham has been found guilty in court.

Earlier on Oct. 9, 2018, Wham had been found guilty of contempt of court, over a Facebook post put up on Apr. 27 which stated that "Singapore's courts are not as independent as Malaysia's courts on cases with political implications", according to ST.

The action against Wham had been initiated by the  Attorney-General's Chambers (AGC) on May 11, 2018.

And on Nov. 29, 2017, according to TODAY, Wham had been hit with seven charges consisting of three counts of organising public assemblies without a permit, three counts of refusing to sign police statements, and one count of vandalism.

According to CNA, apart from two of the charges pertaining to the Nov. 26 event and related unsigned police statement that Wham has currently been found guilty of, the other two events that Wham also did not apply a permit for are:

  • public assembly outside Changi Prison Complex to commemorate the execution of Malaysian Prabagaran Srivijayan for drug trafficking on Jul. 13, 2017;
  • A silent protest on the MRT trains along the North-South line against 1987's Operation Spectrum .

Wham refused to sign his recorded police statements for both of these occasions. The latter occasion was also how Wham came to be charged for vandalism, for sticking two pieces of paper on a train panel in relation to Operation Spectrum.

ST reported that in light of being found guilty over the Nov. 26 event, the five charges for the two other events have stood down for the time being.

Sentencing on Jan. 23

CNA added that Wham will report back to court on Jan. 23 for his sentencing.

With regard to organising a public assembly without a permit, Wham can be fined up to S$5,000.

While in the case of refusing to sign the police statement, Wham can be jailed for up to three months, fined up to S$2,500, or both.

Top image photos from Jolovan Wham Facebook and Joshua Wong Facebook