Tuesday, December 25, 2007
Singapore's reluctant lawyers
Ladies and Gentlemen,
Dr. Chee Soon Juan, of the Singapore Democratic Party, the most
outspoken critic of Lee Kuan Yew Administration's dictatorial
policies; has repeatedly complained that he has not been able to
find any Singapore lawyer, not even one, to represent him in the
various criminal and defamation cases brought against him by Lee in
the Singapore courts. Dr. Chee Soon Juan is not a lawyer and has no
training in the law.
As a result, Dr. Chee Soon Juan has had to represent himself in
almost all these politically motivated cases. Even the one going on
now; the speaking without a permit charge, which has already begun
and due to continue next month, in the Subordinate Courts before
Judge Jusvinder Kaur who will undoubtedly find him guilty as
charged and send him to prison yet again.
It appears that lawyers in Singapore are afraid to represent him.
The possible consequence, they say, in such representation is the
fear Lee Kuan Yew will, through his agents, make like difficult for
them. For instance, if they were getting government clients, this
source will possibly terminate. Judges would be ordered to find
against their clients when are are in court. Their clients will be
threatened to stay away from them. False accusations would be made
against them, such as professional misconduct and their licences
revoked. This fear runs throughout the legal profession in
Singapore. Therefore, Singapore lawyers refuse opposition
politician's cases. It is not good, they say, for their livelihood.
But what about their conscience?
Not too long ago, a prominent Singapore lawyer, who is now the head
of the Criminal Legal Aid Scheme, unashamedly stated in an
interview with a foreign correspondent that "he was prepared to
represent any murderer, thief or serial killer that you throw at
him. But please, no political dissidents". Imagine that.
In any other self respecting country with a self respecting bar,
any lawyer would have been ashamed to say such a thing; that he is
not prepared to represent political dissidents! But not in
Singapore. In Singapore it is no longer shameful, even for lawyers
trained in the law, to say that they live in fear of Lee Kuan Yew.
That their legal representation will only extend this far. That
despite their training and their knowledge in the law, they fear to
use it, when it is something that Lee Kuan Yew may
disapprove!
Singapore lawyers, should be ashamed of themselves. All of them.
They allow themselves to be used in a charade, a make believe,
because it suits this man, Lee Kuan Yew.
I was a lawyer myself in Singapore. Lawyers when they are
admitted to the Bar, have to take an oath. This oath requires them
to uphold the Singapore Constitution. The oath is taken before a
High Court Judge in a courtroom. Yet, having made this solemn oath,
every Singapore lawyer unashamedly, the very next minute
professionally behaves as if they have never heard of the free
speech clause or the freedom of assembly clause; provisions that
they only a minute ago had solemnly promised to
uphold!
They have also completely forgotten the law of defamation or its
procedure; if they were asked to represent Dr. Chee Soon
Juan!
These lawyers are seen shamelessly with the outward trappings of
lawyers; black robes, black suitcase, black suit and necktie and so
on, speaking or trying to speak in high sounding English, as if
they were in fact lawyers. But in fact, they lack the very basic
underlying quality a lawyer is supposed to have; the courage to
represent your client when your client needs you. This question we
should ask the lawyers in Singapore. Where were you when your
fellow citizen Dr. Chee Soon Juan needed you?
It is not a case that Dr. Chee See Juan's cases are without merit.
If there was a single case, worthy of merit, surely it has to be
Dr. Chee's. All his cases were either for defamation of character,
i.e. Lee Kuan Yew's character; for illegal protest or speaking in
public without permits. Every lawyer in Singapore knows that there
are a thousand defenses, meritorious defenses, that can be mounted
in every one of these cases, starting with the valid argument that
laws contrary to the constitution are ultra vires and
unenforceable, except on a showing that there is an overriding
public interest.
Any first year law student knows it and can do it. But yet there is
not one; not a single lawyer in the entire profession of 3,000 who
will come forward and do his duty to the law and to
Singapore.
If there is one profession, among all the professions in that
island, who should be particularly ashamed themselves, it is sadly
the legal profession.
In such a case, we begin to ask the motivation that made these
lawyers read law in the first place. Was it not a desire to seek
justice? Was it not a desire to seek the truth? Was it not to
represent your client in his time of need? If not, what was
it?
I say this to the entire legal profession in Singapore, starting
with the President of the Criminal Legal Aid Scheme. It is about
time you searched your conscience and ask yourself if you are truly
upholding the oath you took when you were first admitted the Bar,
perhaps decades ago. And if not, perhaps, it is time that you did
what is right.
Just across the Causeway, a mere 2 hour drive on the Malaysian
highway, or an hour by air as the crow flies, is Kuala Lumpur and
the Malaysian Bar Association. There however the lawyers are a
different breed entirely. The President of the Malaysian Bar spoke
up fearlessly against the erosion of the rule of law in Malaysia
and swore to fight till the bitter end to uphold it. These brave
words were said at the International Bar Association annual meeting
held in Singapore last year. Ironically these words were said by a
woman; the President of the Malaysian Bar happens to be a woman.
One courageous woman and one courageous group of lawyers.
If only Singapore lawyers had half the courage of this woman
president of the Malaysian Bar!
Gopalan Nair
