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The Criminal
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The government of
Singapore attempted to rid itself of Mr. Jeyaretnam by having him charged with
offences, which the Privy Counsel ultimately deemed to be an injustice. The Privy Council cleared Mr. Jeyaretnam’s
reputation, and restored him to the rolls in order to be able to practice
law. The government refused to
acknowledge the deep disquiet expressed by the privy counsel and subsequently
changed the law so that there would no longer be appeals to the Privy Counsel.
Following his
re-election in 1984, Mr. Jeyaretnam was charged with alleged financial
impropriety related to the collection of party funds. In 1986, he was acquitted by a District Court of all charges save
one. The prosecution appealed the
acquittal and the then Chief Justice allowed the appeal, with the direction that
a re-trial be heard by a District Court.
At re-trial, Mr. Jeyaretnam was found guilty and sentenced to three
months in jail, which was reduced by the High Court but with the addition of a
S$5,000 fine. The imposition of a fine
of over S$2,000 resulted in the automatic disqualification of Mr. Jeyaretnam as
a Member of Parliament and the conviction also triggered a Law Society hearing
that resulted in him being disbarred.
Mr. Jeyaretnam's
earlier application for the re-trial to be heard before the High Court rather
than a District Court, which would have allowed any subsequent appeal to be
pursued up to Singapore's then highest court, the Privy Council located in
London, had been refused.
Although his appeal
to the Privy Council was limited to the issue of his disbarment the Privy
Council Lords examined the fairness of the criminal trial and concluded that
Jeyaretnam and co-accused Wong were not guilty of the offences for which they
had been convicted, imprisoned and punished.
The Lordships concluded that Jeyaretnam and Wong were innocent.
‘Their Lordships
have to record their deep disquiet that by a series of misjudgements the
appellant and his co-accused Wong have suffered a grievous injustice. They have
been fined, imprisoned and publicly disgraced for offences of which they were
not guilty. The appellant, in addition, has been deprived of his seat in
Parliament and disqualified for a year from practising his profession. Their
Lordships order restores him to the roll of advocates and solicitors of the
Supreme Court of Singapore, but, because of the course taken by the criminal
proceedings, their Lordships have no power to right the other wrongs which the
appellant and Wong have suffered. Their only prospect of redress, their
Lordships understand, will be by way of petition for pardon to the President of
the Republic of Singapore.”
The government
refused to heed the Privy Council's advice to facilitate a pardon for Mr. Jeyaretnam on the grounds that the criminal
convictions had not been the subject of the Privy Council appeal. Mr. Jeyaretnam was subsequently re-instated
as a lawyer, but prevented from standing again for election until 1997, when he
ran and was returned as a non-constituency member of parliament.
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| 10.
The Current
Appeals |
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These appeals
appear to be the culmination of a long effort to restrict Mr. Jeyaretnam as a
political opponent. The concerns of
this observer as to the matters overlooked by the Court of Appeal in these two
appeals standing by themselves would be meaningless. It is important to view the decision of the Court of Appeal in
the larger context of what appears to be a campaign by the government, using
the courts, to rid itself of a parliamentarian and a lawyer who represented
difficult political and other cases of concern to the government.
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The
Lee Kuan Yew Case
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Shortly after the
1997 election Senior Minister Lee Kuan Yew, Prime Minister Goh Chok Tong and
other senior PAP members filed suits against J.B. Jeyaretnam alleging that he
had defamed them at an election rally by saying the words, "And finally,
Mr. Tang Liang Hong has just placed before me two reports he has made to the
police against, you know, Mr. Goh Chok Tong and his people".
Tang Liang Hong, a
Workers' Party parliamentary candidate, had filed a police report alleging that
the PAP leadership had defamed him during the campaign by publicly labelling
him an "anti-Christian, Chinese chauvinist". The PAP leaders listed in the police
reports, alleged that they had been defamed by Tang Liang Hong through the
reports, sued and were awarded damages of S$8.08 million (US$5.6 million)
reduced on appeal to S$4.53 million (US$ 2.3 million). Tang Liang Hong was
subsequently declared bankrupt.
In his suit against
Mr. Jeyaretnam, Prime Minister Goh Chok Tong was awarded S$20,000 increased on
his appeal to S$100,000 plus full costs.
Amnesty International representatives observed both trial and appeal and
expressed concerns that the suits against Mr. Jeyaretnam were politically motivated. In 1998, Goh Chok Tong began bankruptcy
proceedings against Mr. Jeyaretnam but later agreed to accept payment of the
damages awarded to him in instalments. Bankruptcy proceedings resumed when Mr.
Jeyaretnam failed to meet an instalment, but the Prime Minister discontinued
them with S$31,000 remaining unpaid. In
December 2000, Goh Chok Tong's co-plaintiffs, including Lee Kuan Yew and other
PAP members, took steps to revive their 1997 suits, which had not yet come
before the courts. It is the dismissal
of Mr. Jeyaretnam's application to dismiss these libel actions for failure to
proceed for a period of over three years that was the subject of one of the
appeals before the Court of Appeal in July 2001.
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The
Krishnan Case
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A 1995 article in
the Workers' Party newspaper alleged that an event called the “Tamil Language
Week”' was an ineffective means of advancing the Tamil language and that a
number of those involved were political opportunists beholden to the
government. The article resulted in two parallel libel suits against the
author of the article, J.B. Jeyaretnam as editor and members of the Workers'
Party’s central committee. The article
was in Tamil, Mr. Jeyaretnam’s native tongue from childhood, but by 1995 he was
no longer fluent in that language.
In the first suit,
involving Minister of Foreign Affairs S. Jayakumar and four other PAP
parliamentarians, the defendants agreed to apologise publicly and to pay
S$200,000 in damages. In February 1998, after paying S$100,000 in three instalments,
the defendants were unable to make further payments and the plaintiffs did not
pursue the matter at that time.
The second suit was
lodged by Indra Krishnan and nine other members of the 'Tamil Language Week'
organising committee, one of whom is now a PAP Member of Parliament. Although
the author admitted that he was wholly responsible for the article, the High
Court awarded the ten plaintiffs S$265,000 damages and S$250,000 costs jointly
against all the defendants. Two of the plaintiffs subsequently began bankruptcy
proceedings against Mr. Jeyaretnam alone, but were paid off in instalments. Subsequently, the other
eight plaintiffs also began bankruptcy proceedings against Mr. Jeyaretnam, and
one day after Mr. Jeyaretnam failed to pay an agreed instalment in January
2001, he was declared bankrupt. On 16 July 2001, Mr. Jeyaretnam offered to pay
off the remaining damages in three further instalments. Mr. Jeyaretnam's final
appeal against this bankruptcy order was heard before the Court of Appeal July
23, 2001. Because Mr. Jeyaretnam was
confirmed bankrupt, he was automatically removed from parliament.
A contributory
factor in Mr. Jeyaretnam's failure to pay the agreed instalment to Indra
Krishnan and her fellow plaintiffs by one day in January 2001 was the
unexpected petition by Minister of Foreign Affairs S. Jayakumar and the four
other PAP plaintiffs. After making no demands since receiving a third
instalment towards their S$200,000 award in 1998, these plaintiffs applied
successfully to the courts in December 2000 to seize a sum of S$66,600 awarded
to J.B. Jeyaretnam that month against a lawyer who owed him costs. Mr.
Jeyaretnam intended to use that money to meet his agreed January repayment. The
Minister of Foreign Affairs and his fellow plaintiffs pursued the balance of
payments of their damage award against Mr. Jeyaretnam alone and not against the
other Workers' Party defendants.
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