Parts 1 to 3 dealt with the specific stings that the Attorney-Generals’ Chambers complained of, from two articles on this blog Yawning Bread: “377 wheels come off Supreme Court’s best-laid plans” published on 5 October 2013 and “Church sacks employee and sues government” published on 12 October 2013. My lawyers vigorously contested the accusations, describing the AGC’s case as a “house of cards”. Part 4 dealt with the legal burden and examples from the Shadrake case.
During the trial on Tuesday 21 October 2014, several other issues were also addressed that did not refer specifically to any statement complained of, but were nonetheless important overarching issues. I will record what was said on these points here in this fifth (and last) article. Continue reading ‘My trial for contempt of court, part 5: mens rea, tone and tenor’
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’
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’
The 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’
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’
A divisional director from the Manpower ministry gave testimony last week at the Committee of Inquiry looking into the Little India riot. Based on a report in the Straits Times, his statements more than support a view that I have long held: there is a strong tendency in this government to confuse theory with practice. There is unwarranted faith in policy papers penned in cloisters. Either there is naive ignorance of the shameful reality out there, or a resistance to unearth empirical facts, or both. That dark reality — often dimmed further by half-hearted or non-existent enforcement — stands in stark contrast to the sunny scenario as painted by stated policy. Yet more (tax-payer-funded) effort is expended by civil servants in protecting an almost self-deluding faith in the theory of how things ought to be (while throwing stones at critics) than in uncovering how things actually are. Remedying the failures in policy seems quite far down the list of priorities. Continue reading ‘Manpower director makes incredible claims about how well migrant workers are treated by ministry’
Most of us, having flown numerous times in our lives, quite likely even on Malaysia Airlines, find ourselves drawn to the current story about the disappearance of flight MH370. Resting, digesting, slowly falling asleep on an aircraft while cruising smoothly, is an experience we can identify with. To hear of a situation where this is fatally interrupted jolts us — though nothing as badly as it jolted the real passengers on that flight. Continue reading ‘Malaysia Airlines MH370: 48 hours a long time to have no clues about a missing airliner’
This is a diary of the case in which the Attorney-General’s Chambers accused me of “scandalising the judiciary”, to make it easier for friends to follow what’s going on. As with court cases, the technical details can sometimes be hard to grasp; I will try to make it digestible here. Since this has a diary format, from time to time, I will be adding to this, unlike other essays on this site which generally are finished by publication date.
Scroll down for the latest updates.
Continue reading ‘AGC versus me, the 2013 round’
Last Sunday, I was about to leave for a family dinner when the phone rang. It was a Bangladeshi worker on the line, someone I had worked with for the past two years over his employment problems. His present job is “OK”, he said. However, he wanted to bring a friend to meet me later the same evening.
“My friend, he have problem,” said Alamin.
I tried to shift the date and time, but it was near-impossible. Alamin works seven days a week and most evenings. He’s only free Saturday and Sunday evenings. Reluctantly, I agreed to see him and his friend at 9:30 pm, cutting short my family dinner. Continue reading ‘Human trafficking and shadow boxing’
Published 1 August 2013
Au Keng Chu aged 16, 17 or 18, late 1930s
He never much wanted to speak about it though one would have thought that living more than three years under brutal Japanese occupation would have been a life-changing experience. Not even of the day, soon after the British capitulated (15 February 1942), when he was made to file past Japanese soldiers and hidden informants, his very life hanging in the balance. It was the Sook Ching (cleansing operation). The new conquerors were out to identify and kill anyone suspected to have helped China resist the Japanese war machine’s encroachment since 1937.
Perhaps he was confident. English-speaking Anglophile that he was, he had never identified with China at all. Continue reading ‘In memoriam: my father’