Singapore Democrats

Registrar: "Almost certain" hearing will be in open court Print E-mail
Tuesday, 06 May 2008

Singapore Democrats

At a pre-trial conference today, Senior Assistant Registrar (SAR) Ms Sharon Lim said that in "all probability" the hearing to assess damages fixed for next Monday will be conducted in open court.

Mr Lee Kuan Yew and Mr Lee Hsien Loong have sued the SDP, Ms Chee Siok Chin and Dr Chee Soon Juan for defamation over an article in The New Democrat comparing the NKF scandal to the way Singapore is run.

Dr Chee has been pressing the courts to confirm that the matter will be heard open court and not in chambers where the public and media could not attend.

While qualifying that she could not speak for Judge Belinda Ang, SAR Lim added that it was "almost certain" that the matter would not be heard in chambers. This was because,  firstly, the defendants had applied to have the case heard in open court and, secondly, the plaintiffs did not object to it.

Aware that stranger things have happened Dr Chee turned to the plaintiffs' lawyer, Mr Adrian Tan of Drew & Napier, and asked him to make it known to the courts that the Lees would also like to have the hearing conducted in open court.

Mr Tan refused, citing that he did not have instructions from his clients. Dr Chee offered to wait while Mr Tan called the Lees to take instructions. Again, the counsel declined.

Mr M Ravi, counsel for the SDP (Ms Chee and Dr Chee are representing themselves), asked Mr Tan if his clients were happy to have the hearing in chambers. Mr Tan said that it was not whether his clients were happy or unhappy, but rather for the judge to decide.

Dr Chee explained that in a matter as important as this, it is unthinkable that the proceedings would be conducted away from public eye. He added that it was bad enough that the summary judgment was held in Judge Belinda Ang's chambers in 2006.

SAR Lim said that she would convey the defendants' application to Judge Ang and that the plaintiffs had no objections. She added that, given the circumstances, she saw no reason why the case would not be held in open court.

Dr Chee asked that the decision be made known without further delay, saying that it was incomprehensible why the Judge could not decide given that the hearing was less than one week away.

Earlier Mr Ravi wanted to confirm the list of witnesses. Mr AdrianTan said that apart from the Lees, the other witnesses were some SPH reporters.

Mr Ravi also wanted to know that if the application by the plaintiffs to strike out the defendants' affidavits was successful, would the Lees still be taking the stand and be subjected to cross-examination.

The Drew & Napier lawyer confirmed that they would.

The plaintiffs want the affidavits by Ms Chee and Dr Chee as well as the supporting affidavit of former solicitor-general Mr Francis Seow struck out, claiming that the contents were "scandalous and irrelevant."

The defendants and Mr Seow have said that the Lees' reputations have been built on intimidating the people and controlling the media in Singapore.

In such an fearful environment, only the praises will be aired and published. This cannot be an accurate assessment of the plaintiffs' reputations.

A separate hearing is scheduled for this striking out of the defence affidavits. This will be heard on the morning of 12 May before the hearing of the assessment of damages.

Finally, both Ms Chee and Dr Chee wanted Judge Belinda Ang to disqualify herself from hearing the case. Judge Ang had awarded summary judgment to the plaintiffs despite the fact that Mr Ravi was ill and could not attend court.

In addition, she had made comments about the defendants that were prejudicial to the case even before she passed judgment. She had also reported Mr Ravi to the Law Society.

It was only appropriate that, given the circumstances, the Judge recused herself from hearing the matter.

Judge Woo Bih Li had recused himself when it was brought up that he had an acrimonious exchange with Mr Ravi regarding another case.

 

 

 

Share this article:
Facebook Technorati Stumble It! Newsvine Reddit Del.icio.us Digg This!
Comments (12)
  • mike Chan - Hope and faith in a first-world nation
    I believe 'In all probability' is as good as 'definitely' unless a massive tsunami hits the Esplanade and onto the Supreme Court Complex on the day of hearing. Let's have faith in the declared promises of the SAR, a senior civil servant as well as the Senior Counsel from Drew & Napier a leading S'pore law firm that.....
    1 The hearing will be held in open court
    2 Father&Son Lee will attend court as plaintiffs
    I will pray and hope that these will come to pass as I have faith in the legal system of my beloved country, a first-world developed nation. Cheers to justice and democracy here and everywhere!
  • tohjohn
    :) Please prove me wrong. Let there be an open court hearing. Please. I want to be proven wrong.
  • nick
    i dont think i can go cos exams coming soon :dry:
  • Shiyun
    I'll be taking off day from work to see my heros , :cheer: this is really interesting ... an open court
  • CHUA CHUAN SEAH - The Law Is Unjust
    The well-paid police personnel in Singapore are enforcing laws that are unjust and repressive -- when it comes to the question of public assembly and peaceful non-violent public protest.

    The PAP Government's denial of such citizens' rights is simply indefensible. I simply don't buy their arguments of internal security and public order for such police harassment and arrest of peaceful public assemblers and protestors. Police powers have been abused, time and again.

    The laws against public assembly and protests were originally and historically used to combat Communist subversion. They were aimed at preventing out-of-control strikes, violent protests, violent public agitation and riots.

    But since Communist subversion is no longer a present-day problem for our internal security, there is simply no justification -- no compelling or defensible reason -- for maintaining these laws on public assembly and protests.

    These laws cannot be justified now and should be repealed immediately.

    And if the PAP-dominated Parliament refuses to repeal such unjust, unconstitutional and ridiculous laws, then we certainly need a judicial review of this matter!

    Will our highly-paid PAP Government-appointed judges ensure that justice is done?
  • mike Chan - Addendum to my first comment posting
    I studied Political Science and "Modern Govts" at NUS decades ago.If I remember corectly what I had learnt about free democratic societies:
    1 The court of law for any dispute is always opened to the general public to show transparency and fairness and compliance with all the laws/rules of the land.
    2 Every witness, much more the plaintiff, subpoenaed by counsel of either side MUST attend the court hearing to be questioned/cross-examined. I believe the
    only exception to this 2nd "democratic" law is a person with royal blood such as Britain's royal family.
    I believe the above 2 rules/laws are an assumed given in any democratic nation in the whole world without any counsel having to appeal to the Court for them, i.e. open court and attendance of the plaintiff/s.
    Unless of course S'pore is no longer a democratic country notwithstanding its first-world status. I'm sure it still is, as one of the national pledges my 7 yr-old grand-daughter has to recite every morning sharp at 7.30am in her school assembly and facing our National flag with one of the 4 stars representing "democracy" IS to uphold democracy! I may have lost touch due to old age and be mistaken. Will someone more up-to-date with the times please correct and update me on the democratic status of my beloved country S'pore if it has changed/amended since the 50s/60s? Thanks and God bless all good, fair, decent and kind-hearted Singaporeans!
  • Open Court but retricted and s - Open Court but small and selective.
    Remember the Fulong Gong case...they used a small court and most the the seats were occupied by "selected" personnels.

    Also whatever questions the Chees asked would be objected by the Lee lawyers as irrelevant and "political" in nature and thus objected by the judge.

    Or right in the beginning of the of the hearing, the judge would decide that the case is for summary judgement.

    Or the Chees could be sued for putting the Lees in stress.

    Add the list please.
  • patrick law
    let's wait and see loh.. you can't do anything also if they suddenly wan it in closed chambers..
  • Dingo
    Or pigs could fly... Oh they do already! There's a brand called Airpork!

    Seriously, if this doesnt go to PROPER open court, I will be so disappointed with the Law in Singapore.
  • Singa Crew
    The way I see it, this is a lose-lose situation for the PAP.

    If the Lees say no to open court, then the people will say they have something to hide. Or at least think that way.

    If the Lees take up Chee Soon Juan's challenge to settle the case in open court and agree to be cross-examined, then they run the risk of public humiliation.

    The only way out for the Lees is to do damage control. Take the stand and be cross-examined. Win the case through sound logic and reasoning. Show the world the rule of law still applies in Singapore.

    If they shy from cross-examination, then it just proves that they have something to hide and that the rule of law somehow does not apply to 'royalty'.

    Crew
  • Sinister Minister
    it boils down to this, my opinion is that if you cannot handle people saying true or untrue things about you in the public eye then here's my advice... DO NOT BE A POLITICIAN OR DO NOT SEEK OR HOLD A PUBLIC OFFICE.

    southeast asia has a reputation of dictators, cheats, corrupt politicians, and no matter how clean singapore claims to be, it makes no difference to the rest of the world when they see the leaders, daddy and son, suing an opposition candidate.

    do you know how many times obama and clinton have "defamed" each other in the u.s. election? now imagine them going to court for all of that. sounds stupid, sounds ridiculous... and there you go.

    singaporeans are going to wonder why, or how is it these two (obama) and clinton) do not go to court to settle "defamations". the answer is because these two are true politicians. these two expect truths and untruths to come out because they CHOSE to be in the public eye. these are first world politicians. could you imagine president bush going to court with his daddy because someone said he is running the country like a monkey without brains? younger bush would be in court forever.

    anyways, since it does look like a UFO sitting on that building I guess it is right to expect anything in the universe to happen in there.
  • Sinister Minister
    note... second paragraph last sentence in my earlier post should've read suing an opposition ex-candidate
Please login or register to post your comments.
 
Singapore Democrats on Facebook
Banner

Act Now

Support Democracy!
Please Donate
The party that stands up for you

More options to donate

 

Ads

Magazine Support SDP , buy our 30th Anniversary Magazine here

Awesome Words

Courage is resistance to fear, mastery of fear--not absence of fear.

Mark Twain

Other languages

Banner
Banner
Banner


 
Banner
Banner
Banner
 

News feeds

Singapore Democrat News
Joomla Templates by JoomlaShack