Recently, veteran athletics coach Loh Siang Piow was acquitted of two charges of outraging the modesty of an athlete. The judge found that there were serious doubts about the veracity of the
of outraging the modesty of an athlete. The judge found that there were serious doubts about the veracity of the complainant’s testimony and that she had exaggerated aspects of her evidence.. He intends to claim trial. Lim’s case has generated considerable interest from the public.
The issue is not whether offenders should be publicly named — they should — the question is when they should be publicly named. In New Zealand and Australia, where there are jury trials, the Court may prohibit disclosure of an accused person’s identity if disclosure could create a serious risk of prejudice to a fair trial.
Mr Shanmugam highlighted that the issue is really, “what helps in advancing [and] maintaining rule of law and the justice system.” The problem also needs to be mitigated by more pragmatic solutions, such as simply not disclosing the name of the accused.For example, the high-profile acquittals of Ms Parti Liyani andgenerated a lot of public discussion. Ms Parti Liyani was acquitted of theft in 2020, and Dr Yeo was acquitted of outrage of modesty in 2021.
The principle of open justice is designed to facilitate just that, justice, not to provide fodder for the rumour mill. Online vigilantism could be corrosive to respect for public institutions, including the courts and the Public Prosecutor. Gag orders could be expanded to cover the identity of the accused. As argued above, there are good reasons for preserving the anonymity of an accused person as well.
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