My trial for contempt of court, part 4: legal burden and Shadrake precedents

My lawyers Peter Low and Choo Zheng Xi submitted, citing the Court of Appeal decision in Shadrake, that for the AGC to succeed in its application for my committal,

it must prove beyond a reasonable doubt that the Publications prose a real risk of undermining public confidence in the Judiciary… The real risk test will not be satisfied in a situation where the risk of undermining public confidence in the administration of justice is remote or fanciful. Further, a Respondent will not be liable for contempt of Court if his comments amount to fair criticism. The legal burden is on the Prosecution to establish that the impugned statement does not constitute fair criticism, although the evidential burden is on the party relying on it.

My understanding of the AGC’s position is that it more or less agrees with the above description of its legal burden, with two areas of possible dispute. Continue reading ‘My trial for contempt of court, part 4: legal burden and Shadrake precedents’

My trial for contempt of court, part 3: the second article

Christ and the woman taken in adultery, by Nicolas Poussin, 1594-1665

Christ and the woman taken in adultery, by Nicolas Poussin, 1594-1665

In his oral submission, Peter Low, arguing in my defence, took only about twelve minutes to address the allegations made by the Attorney-General’s Chambers with respect to the second article “Church sacks employee and sues government”. The written submission however was more substantial.

Peter cut to the chase which was why he didn’t need much time. In addressing paragraphs 67 to 97 of the AGCs’ written submission (dealing with the second article), he reiterated that “what is alleged is not borne out by the plain words of the contents of the second article.” Within those 31 paragraphs from the AGC, he said, the AGC relied on the word “insinuation” six times, the word “imputation” three times and the word “implication” once. Continue reading ‘My trial for contempt of court, part 3: the second article’

My trial for contempt of court, part 2: first article, second sting

pic_201410_09The other part of the first article “377 wheels come off Supreme Court’s best-laid plans” that the AGC took exception to concerned my description of events leading to lawyer M Ravi (pictured at right) withdrawing his client’s application to intervene in the Kenneth and Gary appeal. I had written in the article that

M Ravi … in August 2013, acting for his client Tan Eng Hong, made an application to the High Court to be recognised as an interested party in the Court of Appeal hearing on the Kenneth and Gary case. The argument is that since the outcome of Kenneth and Gary’s appeal will affect Tan’s case (for which the High Court judgement was still pending at the time) Tan should be permitted to intervene.

This move must have upset the best-laid of plans. From a legal point of view, it would be very difficult to deny such an application. The fact of the matter is that the two cases are very similar. Whatever ruling comes out of the Court of Appeal in Gary and Kenneth’s case, it would clearly impact Tan Eng Hong’s case. Continue reading ‘My trial for contempt of court, part 2: first article, second sting’

My trial for contempt of court, part 1: first article, first sting

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Opening my defence, my lawyer Choo Zheng Xi said the Attorney-General’s Chambers’ case relied heavily on reading innuendo, insinuation and imputation into my words. The words used in the prosecution’s submission to describe the allegations I was supposedly making against the judiciary do not exist in the articles complained of, he said before Justice Belinda Ang, and that it would be important to always keep this in mind when considering the prosecution’s case. He further characterised the AGC’s case as full of hyperbole.

In written submissions, my lawyers had also written that “the Applicant [i.e. AGC] has had to twist Mr Au’s words out of context and to editorialize to impute sinister innuendo into his article where none exists. In so doing, the Applicant has mischievously ignored the caveats in Mr Au’s article that clearly flag out to his readers that he is theorizing, as opposed to making statements of fact.” Continue reading ‘My trial for contempt of court, part 1: first article, first sting’

PAP went on trial last week

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The newspaper headlines might have mentioned that it was Aljunied Hougang Punggol East Town Council (AHPETC) in the dock, but once it was disclosed that a Workers’ Party event needed approval from a People’s Action Party “grassroots leader”, it was the PAP that was on trial — in the court of public opinion.

It is very hard to see how the PAP can win an acquittal. Continue reading ‘PAP went on trial last week’

My contempt of court trial starts 21 October 2014

Starting Tuesday, 21 October 2014, High Court Judge Justice Belinda Ang will be hearing the case against me launched by the Attorney-General’s Chambers (“AGC”) in Court 5A of the Supreme Court building.

Two days (Oct 21 and 23) have been set aside by the court, with a third day (Oct 24) held in reserve.

The AGC alleges contempt of Court (scandalising the judiciary) on my part over passages I had written October last year in two articles on my blog Yawning Bread, and seeks to commit me to prison. Continue reading ‘My contempt of court trial starts 21 October 2014′

About 64,000 naturalised citizens between 2000 and 2010

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About 64,000 persons became naturalised Singapore citizens in the decade between 2000 and 2010, my calculations show. About 50,000 of them would have been be old enough to vote in the 2011 general election, making up about 2.3 percent of the 2,211,102 registered electors in that year. Some readers may consider 64,000 an alarming figure, others would more likely say this is quite ordinary for a city-state that has always been open to migration. There will even be some who, objecting to the high influx of foreigners, consider my estimate unbelievably low.

Certainly, the government considers this a very sensitive piece of information seeing how they steadfastly do not release the numbers. I had to sleuth through the census figures of 2000 and 2010 to make this estimate.  Continue reading ‘About 64,000 naturalised citizens between 2000 and 2010′

Survey asked about my “confidence in the Lee Hsien Loong government”

A week ago, I heard from a friend who heard from another friend (whom I also know – this one’s in academia) that the People’s Action Party (PAP) was confident it had regained lost ground since the 2011 general election. Its confidence stemmed, it was said, from a huge survey that it had been conducting over the past few months and which, by the next general election, will have reached every household in Singapore. By ‘household’, it may mean every citizen household.

A million households

The term ‘resident’ comprises citizens and Permanent Residents, but I can’t find any figure specific to citizen households. However, since citizens outnumber Permanent Residents 6.3:1 (Straits Times, 28 Sept 2014 reported by means of an infographic that there were 3.34 million citizens and 0.53 million PRs in 2014), we can assume that the great majority of the 1.15 million resident households were headed by citizens.

Official statistics from the 2010 census indicate that there were 1.15 million resident households (see link). There are probably more today since population has grown in the four years since.

This survey that is quietly being carried out must be a huge and costly exercise, I said to myself.

Then I thought nothing more of it. It didn’t seem possible to speculate further with no other information. Continue reading ‘Survey asked about my “confidence in the Lee Hsien Loong government”’

Don’t tell us what is true, let us judge by opening official records

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Here we go again. Another film banned by the Singapore government. Tan Pin Pin’s “To Singapore, With Love” will not be allowed for public screening in this god-forsaken place. In a press statement released 10 September 2014, the Media Development Authority (MDA) said the film

… undermined(d) national security because legitimate actions of the security agencies to protect the national security and stability of Singapore are presented in a distorted way as acts that victimised innocent individuals.

– MDA, 10 Sept 2014. Link

I have not seen the film myself, unlike quite a number of people at film festivals abroad Continue reading ‘Don’t tell us what is true, let us judge by opening official records’

Time to realise we’re suffering from post-traumatic stress syndrome

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Vikram Khanna’s review of the book Hard Choices: Challenging The Singapore Consensus (Donald Low and Sudhir Thomas Vadaketh, with contributions from Linda Lim and Thum Ping Tjin, NUS Press) has gotten me to write after — deep apologies — a long break. My thoughts have also gathered as dread mounts over the likely onslaught of propaganda next year marking the fiftieth anniversary of the Singapore state’s caesarian birth. I will explore here the ways in which we continue to be traumatised by those beginnings.

More common than the belief in God is the opinion in Singapore that the PAP government is more focussed on economic growth than anything and everything else. Some speak of this focus as understandable; others would describe it as a curse. Few outside of government see this obsession as an unalloyed good thing.

What I have found interesting is how infrequently people choose to explore where this focus (or pathology, if you wish) sprang from. Like mental illness, we have a tendency to take it as something whose origins are beyond our understanding. It just is. It may not be easy to live with, but who knows how such demons of the mind came to roost? Continue reading ‘Time to realise we’re suffering from post-traumatic stress syndrome’


For an update of the case against me, please see AGC versus me, the 2013 round.

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