Identifier
Created
Classification
Origin
06SINGAPORE2118
2006-06-29 09:39:00
CONFIDENTIAL
Embassy Singapore
Cable title:  

CHEES' ATTORNEY LIKELY TO BE SUSPENDED

Tags:  PHUM PGOV SN 
pdf how-to read a cable
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RR RUEHCHI RUEHCN RUEHDT RUEHGH RUEHHM RUEHNH
DE RUEHGP #2118/01 1800939
ZNY CCCCC ZZH
R 290939Z JUN 06
FM AMEMBASSY SINGAPORE
TO RUEHC/SECSTATE WASHDC 0453
INFO RUCNASE/ASEAN MEMBER COLLECTIVE
RUEHOO/CHINA POSTS COLLECTIVE
C O N F I D E N T I A L SECTION 01 OF 02 SINGAPORE 002118 

SIPDIS

SIPDIS

E.O. 12958: DECL: 06/29/2016
TAGS: PHUM PGOV SN
SUBJECT: CHEES' ATTORNEY LIKELY TO BE SUSPENDED

REF: A. SINGAPORE 1983


B. SINGAPORE 1912

Classified By: CDA Laurent Charbonnet. Reasons 1.4(b,d)

C O N F I D E N T I A L SECTION 01 OF 02 SINGAPORE 002118

SIPDIS

SIPDIS

E.O. 12958: DECL: 06/29/2016
TAGS: PHUM PGOV SN
SUBJECT: CHEES' ATTORNEY LIKELY TO BE SUSPENDED

REF: A. SINGAPORE 1983


B. SINGAPORE 1912

Classified By: CDA Laurent Charbonnet. Reasons 1.4(b,d)


1. (C) Summary: Lawyers for Prime Minister Lee Hsien Loong
and Minister Mentor Lee Kuan Yew have filed a motion for
summary judgment in their defamation suit against Dr. Chee
Soon Juan and his sister Chee Siok Chin (Ref A, B). The
Chees' attorney, M. Ravi, also faces suspension for up to
five years on a disciplinary charge that will be heard by the
Court of Three Judges. On June 26, we met with Chee Siok
Chin and Ravi, who told us Ravi expects to be suspended from
practicing law for at least two years, and that this
suspension will take place within the next three to six
months. His suspension effectively may deprive the Chees of
legal representation, as the GOS is unlikely to allow foreign
counsel to represent them and no other Singapore attorney is
thought willing to take their case. End Summary.

MOTION FOR SUMMARY JUDGMENT
--------------


2. (C) The Lees' attorneys had hinted to the media some
weeks ago they might file a motion for summary judgment; on
June 26, they did so. A court (in Singapore or the United
States) grants a motion for summary judgment when there are
no disputed facts in the case, the other party has admitted
to certain facts or there are previous judgments relevant to
the case. If the court grants the Lees' motion, they win
their lawsuit without having a trial; they also deny the
Chees the opportunity to cross examine them or challenge
their interpretation of the allegedly defamatory language
(Ref B). On June 22, the Chees applied to the High Court to
prevent the Lees from obtaining a summary judgment. The
Chees also are challenging the 1991 change in court rules
that permits summary judgment to be obtained in defamation
cases. Ravi told us that Singapore is the only commonwealth
jurisdiction to allow this. The High Court will hear both the
application for summary judgment and the Chee's challenge to
court rules on August 3.

PENDING SUSPENSION
--------------


3. (C) Ravi appeared before the Disciplinary Committee of
the Law Society on June 20 to respond to a complaint a judge
lodged against him regarding his behavior in a 2003 case.
Ravi claims that, during the 2003 court proceeding, the judge
indicated he should approach the bench by pointing her finger
at him in a demeaning and unprofessional way; his subsequent
statement that he could report the judge to the Law Ministry
formed the basis of her complaint against him. Because Ravi
apologized to the judge in writing, and the judge accepted
this apology, the Law Society amended its charge against him,
essentially reducing the charge from one of threatening a
judge to one of disorderly conduct. The Disciplinary
Committee rejected this amendment, fined Ravi SG$2,000
(US$1,250),and referred the original complaint against him
to the Court of Three Judges, which has the authority to
suspend Ravi from practicing law.

COMMENT
--------------


4. (C) This latest defamation case offers additional proof
that Singapore's judiciary is not independent in political
cases. The High Court will likely grant the Lees' motion for
summary judgment -- a legal stretch because the very meaning
of the allegedly defamatory words is disputed and the Chees
have not apologized to the Lees. If the High Court does so,
Chee Siok Chin probably will be bankrupted as has her
brother, Dr. Chee Soon Juan. Dr. Chee already is effectively
prohibited from traveling outside Singapore; the GOS holds
his passport and he must seek its permission to travel until
he is able to pay his debts stemming from prior legal cases.
If the same fate befalls Chee Siok Chin, both Chees will be
cut off from most direct contact with the international
community and, as bankrupts, be prevented from participating
in domestic politics.


5. (C) (Comment, cont.) Dr. Chee often seems his own worst
enemy, quixotically undertaking actions he knows will
infuriate the government. That said, the allegedly
"defamatory" statements he is accused of making were
exceedingly mild and would hardly have attracted notice --
much less legal action -- in any other "first world"
jurisdiction. The Lee family and the People's Action Party
seem close to achieving a sorry victory: the silencing of
political opponents without a trial and destroying the career
of the one lawyer brave, or foolish, enough to try to fight
on their behalf. The real challenge to the GOS,

SINGAPORE 00002118 002 OF 002


unfortunately, will come not from oppositionists like the
Chees but from the inherent contradiction between its stated
goal of building a dynamic, creative, global city and the
distortions of its legal system required to enforce some of
Asia's tightest restrictions on political speech and social
action.
CHARBONNET