Human Rights our
Collective Responsibility
10. On 14 February and subsequently on 30 May 2011, the Complainant lodged two
motions before the Supreme Court principally seeking, respectively: (a) an order
directing the re-opening of the criminal case lodged against him before the
Intermediate Court in 2001 for which he was convicted; and (b) an order directing
the re-opening of the disciplinary proceedings lodged against him in 2007 for
which he was found guilty and disbarred. The applications were largely based on
yet further new evidence and revelations that had come to light in the intervening
period, which he believed were exculpatory quoad the criminal conviction and in
turn the basis of his disbarment.
11. For purposes of prosecuting the first motion, the Complainant sought leave to
appear in person. The Complainant also objected to the then Chief Justice (CJ) and
the Senior Puisne Judge (SPJ) forming part of the bench that was empanelled to
hear his motion in view of litigation he had instituted against them in which he
made damning allegations about their conduct. His objections regarding
constitution of the bench were dismissed.
12. On 22 February 2011 when the matter was called for hearing, the Complainant
realized that even the bench was unusually constituted of five judges. The
Complainant objected to four of the judges forming part of the bench because they
were respondents in proceedings instituted by him in person and which were
pending as at that date. He thought that those judges should not sit in judgment
on an issue that would affect the other proceedings he instituted in person. His
objections were dismissed.
13. On the same day, the respondents to the motion objected to the Complainant's
request for leave to appear in person and to the motion papers being lodged in his
name as opposed to by an attorney. The basis of the objection was that the Supreme
Court Rules 2000 do not permit litigants to initiate proceedings in person, except
through an Attorney. The Rules in question repealed and replaced the previous
Rules of the Supreme Court, 1903 which expressly permitted any person to
institute proceedings in person. The point was argued by all the parties including
the Complainant and the Supreme Court reserved its ruling. On three subsequent
occasions pending the ruling, the Complainant made further written submissions
in support of the position he had advanced in response to the respondents'
objections.
Page 3 of 45
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