By Robin Chan, The Straits Times, 17 May 2012
A HOUGANG resident is to proceed with her bid to get the courts to declare the Prime Minister does not have 'unfettered discretion' to call a by-election.
This comes after a Court of Appeal's decision yesterday to let the Attorney- General's Chambers (AGC) withdraw its appeal against the case being heard in open court.
The Appeal Court also said it would reserve judgment on the issue of costs.
The case will be heard in the High Court on a date yet to be fixed.
After the hearing, the lawyer of the resident, part-time cleaner Vellama Marie Muthu, told reporters she has offered not to seek costs against the AGC if it would do likewise, should the case proceed.
Said Mr M. Ravi: 'We made a proposal that Vellama would not seek costs, if the AGC would not seek costs when I proceed to argue the constitutional issues before the court.'
Later, the AGC said it was surprised Mr Ravi 'wanted an order for costs in favour of his client', as it is 'contrary to what Mr Ravi had communicated to the court and the AGC earlier'.
It added that Mr Ravi had written in arguments dated April 5 that were handed to the court: 'As Vellama's solicitor is acting pro-bono, no costs will be claimed in the event that the appeal is dismissed.'
On March 2, Madam Vellama applied to the courts to declare that the Prime Minister did not have 'unfettered discretion' in calling a by-election, and to order him to do so within three months or a 'reasonable time'.
After High Court Judge Philip Pillai allowed the case to be heard in open court, the AGC lodged its appeal, which Madam Vellama applied to strike out. But before the appeal could be heard, a Writ was issued last Wednesday that called for a by-election in Hougang.
Two days later, Madam Vellama said she was prepared to withdraw her application if the AGC did not seek costs against her and withdrew its appeal. The AGC replied that the proceedings were ill-conceived and she risked being penalised in costs if they were continued.
Mr Ravi subsequently withdrew the offer as his client would not 'bow down to veiled threats of costs'.
Yesterday at the hearing, AGC chief counsel David Chong said the appeal was withdrawn as 'there is nothing left to litigate' since the Hougang by-election had been called.
But Mr Ravi argued that the matter is of public interest and should be 'settled once and for all', adding that among the reasons PM Lee Hsien Loong gave for when to call the Hougang by-election 'were international factors'.
'(Deputy Prime Minister) Tharman Shanmugaratnam and PM said this is a local election, so why the consideration of international factors? These factors are irrelevant as far as the constitutional protections are concerned.'
Hougang woman pulls out offer to withdraw case
By Goh Chin Lian, The Straits Times, 17 May 2012
TWO days after she offered to withdraw a bid for the courts to order the Prime Minister to hold a by-election in Hougang within three months, a Hougang resident now wants to proceed with the application.
In a letter to the Attorney-General's Chambers (AGC) yesterday and released to the media, Madam Vellama Marie Muthu's lawyer M. Ravi said the offer was withdrawn, and that the issue of costs was being used to 'intimidate' his client.
Contacted last night, the AGC said his latest position appears 'at least in part to emanate from a misunderstanding of our position'.
On March 2, the part-time cleaner applied to the court to declare that the PM did not have 'unfettered discretion' on calling a by-election, and to issue a mandatory order for him to do so within three months or a 'reasonable time'.
After High Court Judge Philip Pillai allowed the case to be heard in open court, the AGC lodged an appeal, which Madam Vellama applied to strike out. Both her application and the appeal are scheduled to be heard on Wednesday.
Last Friday, two days after a Writ was issued for the by-election, Mr Ravi said his client was prepared to withdraw her application if the AGC did not seek costs against her and withdrew its appeal. The AGC told media it was studying the offer, adding: 'These proceedings were ill-conceived to begin with, and if they are continued, Madam Vellama risks being penalised in costs.'
Mr Ravi took issue with this yesterday. 'Our client will not bow down to veiled threats of costs, however poor she might be,' he wrote.
He argued that the judge would not have granted leave for the case to be heard if it was ill-conceived; that the AGC's appeal did not accord with court procedure; and that his client wished to proceed with the case 'not only for herself but for the benefit of the basic democratic rights of all Singaporeans', to resolve constitutional questions once and for all.
The AGC said Mr Ravi appeared to be under the impression that the Government would seek costs against his client as a condition for agreeing to her desire to withdraw her application: 'This was not the position conveyed in our statement. Beyond this, the Attorney-General cannot comment on Mr Ravi's shifting positions.'
'From the Government's perspective, it is evident that there is no substantive controversy that can legitimately be the subject of proceedings before the Court.'
'The Government does not intend to deal with Mr Ravi through the media. If he wishes to discuss the position further he may contact the Attorney-General's Chambers.'
Hougang resident withdraws by-election order bid
By Leslie Koh, The Straits Times, 12 May 2012
A Hougang resident is withdrawing her bid to get the courts to order the Prime Minister to hold a by-election within three months, citing 'dramatic developments of the last 48 hours'.
Madam Vellama Marie Muthu, 42, had on March 2 filed an application to get the court to declare that the PM does not have 'unfettered discretion' in deciding whether and when to call a by-election, and to issue a mandatory order for him to do so within three months or a 'reasonable time'.
On Wednesday, the writ of election was issued for the by-election to be held, with polling day set on May 26.
In a letter addressed to the Attorney-General's Chambers on Friday, her lawyer M. Ravi said that 'as the factual objective of her litigation has now been achieved timeously, she is prepared to withdraw her application'.
The case is pending in court after the AGC appealed against a High Court judge's decision to grant leave for the case to be heard in open court.
The appeal, as well as an application by Madam Vellama to strike out the appeal, was scheduled to be heard on May 16, which is also Nomination Day for the by-election.
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