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Activist Jolovan Wham chooses 16 days’ jail over fine for assembly without permit, refusing to sign police statement

SINGAPORE — Civil rights activist Jolovan Wham was fined S$3,200 on Thursday (Feb 21) for organising an assembly without a permit in 2016 and refusing to sign a statement he gave to the police on the case. However, he has chosen to serve 16 days of imprisonment, imposed in default of the fine.

Human rights activist Jolovan Wham (L) arrives at the State Court in Singapore, February 21, 2019.

Human rights activist Jolovan Wham (L) arrives at the State Court in Singapore, February 21, 2019.

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SINGAPORE — Civil rights activist Jolovan Wham was fined S$3,200 on Thursday (Feb 21) for organising an assembly without a permit in 2016 and refusing to sign a statement he gave to the police on the case.

However, he has chosen to serve 16 days of imprisonment, imposed in default of the fine.

Neither he nor his lawyer, Mr Eugene Thuraisingam, said why.

He told the court that he intends to appeal against his conviction and remains out on S$8,000 bail.

Wham, 39, was found guilty of both charges last month after a three-day trial by District Judge Kessler Soh.

In his sentencing submissions, Mr Thuraisingam asked the judge to give his client the minimum fine permissible by law, adding that Wham “had no mischievous or malicious intentions” in organising the event.

The prosecution — led by Deputy Public Prosecutors Kumaresan Gohulabalan and Nicholas Wuan — sought a S$3,200 fine, or 22 days’ jail in default.

“It must be emphasised that (Wham’s) refusal to comply with the police’s directions constitutes a wilful disregard for the law,” they added.

WHAT HAPPENED

On Nov 26, 2016, Wham, the former executive director of migrant workers’ advocacy group Humanitarian Organisation for Migration Economics, organised an event called “Civil Disobedience and Social Movement”.

The event featured speakers such as Hong Kong pro-democracy activist Joshua Wong, who tuned in via a video call on Skype, artist Seelan Palay and freelance journalist Kirsten Han.

They discussed issues relating to civil disobedience and democracy in social change.

In the lead-up to the event, the police had advised Wham to apply for a permit under the Public Order Act, given that Wong was a foreigner and slated to speak at the event.

About a month after that, when an investigating officer recorded a statement from Wham, he confirmed it to be true but refused to sign it.

Wham had said it was his “personal practice” not to sign documents he could not get copies of, an investigating officer said while on the stand.

Wham elected not to testify or call any witnesses during the trial.

THE ARGUMENTS

His lawyer, Mr Thuraisingam, argued in closing submissions to the court that the event “did not seek to publicise any specific cause, but rather facilitated a discussion on the topics relating to political involvement, activism and civil participation in general”.

This meant that the event did not constitute an “assembly”, he contended.

However, the prosecution said this “mischaracterises the purpose and nature” of the event.

On Mr Thuraisingam’s argument that the requirement of a permit under the Public Order Act was a breach of Wham’s constitutional rights of “freedom of speech, assembly and association”, the prosecution said it was “vague and misconceived”.

For organising a public assembly without a permit, Wham could have been fined up to S$5,000.

For refusing to sign the police statement, he could have been jailed for up to three months, fined up to S$2,500, or both.

OTHER CHARGES WHAM FACES

Wham has another case pending.

In October, he was found guilty of contempt of court for a Facebook post published on April 27, which alleged that Malaysia's judges were more independent than Singapore's for cases with political implications.

He also faces another five charges, which are pending before the courts. These relate to an assembly he allegedly organised on trains along the North-East Line in June 2017, to commemorate the 30th anniversary of Operation Spectrum.

He is also accused of organising another assembly outside Changi Prison Complex in July 2017.

A pre-trial conference has been fixed for March 19 to deal with these five charges.

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