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Court of 3 judges to decide if Lee Suet Fern should be disbarred

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by Jeannette Chong-Aruldoss

This Thursday, 13 August 2020, a Court of Three Judges will be considering whether Lee Suet Fern, a practising lawyer of 37 years’ standing, should be disbarred for legal professional misconduct.

Lee Suet Fern is the wife of Lee Hsien Yang and the daughter-in-law of Lee Kuan Yew. Lee Hsien Yang is one of the three beneficiaries of Lee Kuan Yew’s estate.

The charges of misconduct were brought against Lee Suet Fern by the Law Society of Singapore (the Society) following a complaint filed by the Attorney-General’s Chambers (AGC) to the Society on 4 December 2018. As the complaint came from the AGC, the Society is by law mandated to apply to the Chief Justice to appoint a Disciplinary Tribunal.

The Society’s charges against Lee Suet Fern relate to her involvement in the execution of Lee Kuan Yew’s Last Will signed on 17 December 2013.

From 20 August 2011 to 17 December 2013, Lee Kuan Yew made a total of seven Wills.

By operation of law, each new Will superceded the previous Will. Lee Kuan Yew signed the Last Will on 17 December 2013. Two lawyers came to Lee Kuan Yew’s house to witness his execution of the Last Will.

On 2 January 2014, Lee Kuan Yew on his own prepared and signed a Codicil to his Last Will. He arranged his own witnesses. A ‘codicil’ is a formally executed document made after a will that adds to, subtracts from, or changes the will. The Codicil bequeathed two carpets to Lee Hsien Yang.

Lee Kuan Yew passed away on 23 March 2015. Probate was granted on the basis of the Last Will on 6 October 2015.

On 13 February 2019, two practising lawyers, Sarjit Singh Gill and Yee Kee Shian Leon, were appointed by the Chief Justice as the Disciplinary Tribunal to hear and investigate the Society’s charges against Lee Suet Fern.

The issues at stake before the Disciplinary Tribunal were essentially:

  1. Whether Lee Suet Fern and Lee Kuan Yew stood in a solicitor-client relationship i.e. was there an Implied Retainer; and
  2. If Lee Kuan Yew was her client, did she fail her client to the extent of professional misconduct.

Lee Suet Fern pleaded not guilty to all the charges. The Disciplinary Tribunal conducted a five-day hearing from 1 to 5 July 2020. During the hearing, Lee Suet Fern and Lee Hsien Yang were cross-examined on the witness stand by the Society’s lawyers on their testimonies.

On 18 February 2020, the Disciplinary Tribunal released their decision. The Disciplinary Tribunal concluded Yes on the two questions.

The Disciplinary Tribunal agreed with the Society that Lee Suet Fern and Lee Kuan Yew stood in a solicitor-client relationship. The Disciplinary Tribunal said that Lee Suet Fern had failed to advance her client’s interest, instead she had promoted her own interest and/or the interest of her husband, Lee Hsien Yang ahead of her client’s interest. She also failed her duty to advise Lee Kuan Yew to be independently advised in respect of his intention to give a one-third share of his estate to Lee Hsien Yang.

Given the Disciplinary Tribunal’s findings against Lee Suet Fern, the Court of Three Judges will now determine if the Respondent should be disbarred.

The Society’s case against Lee Suet Fern is about a solicitor’s legal professional duties, how a solicitor should conduct himself when he deals with his client and what amounts to professional misconduct.

The Society’s case against Lee Suet Fern is not about whether Lee Kuan Yew was aware or unaware the Last Will contained the Demolition Clause. In a statement published by the AGC on 7 January 2019 to announce that the AGC had filed a complaint of professional misconduct involving Lee Suet Fern, the AGC stated that their complaint did not relate to the validity of Lee Kuan Yew’s Last Will.

Doubts as to whether Lee Kuan Yew was aware his Last Will contained the Demolition Clause was publicly raised by Lee Hsien Loong on 15 June 2017 who said a “series of events led me to be very troubled by the circumstances surrounding the Last Will.”

Notwithstanding Lee Hsien Loong had publicised his unhappiness with Lee Suet Fern’s involvement in the execution of Lee Kuan Yew’s Last Will, Lee Hsien Loong is not the Complainant nor a party to the proceedings against Lee Suet Fern.

As earlier mentioned in this article, the case against Lee Suet Fern was initiated by AGC. More accurately, it was filed by Deputy Attorney-General Lionel Yee, as Attorney-General Lucien Wong had recused himself from the case against Lee Suet Fern. Lucien Wong had been Lee Hsien Loong’s personal lawyer prior to becoming the Attorney-General.

In their 7 January 2019 statement, the AGC referenced their statutory duty to deal with misconduct by lawyers as the basis for filing their complaint against Lee Suet Fern. The AGC said that when the AGC becomes aware of possible professional misconduct, it is required to consider if the matter should be referred to the Society. In this case, AGC became aware of a possible case of professional misconduct by Lee Suet Fern. The AGC statement did not say how the AGC became or was made aware of possible professional misconduct by Lee Suet Fern in respect of the execution of Lee Kuan Yew’s Last Will.

Notwithstanding Lee Hsien Loong’s misgivings with Lee Suet Fern’s involvement in the execution of Lee Kuan Yew’s Last Will, the focus of the Disciplinary Tribunal was on what Lee Suet Fern should or should not have done, rather than on whether Lee Kuan Yew was aware or unaware of the Demolition Clause when he signed the Last Will.

The Court of Three Judges hearing the case this Thursday comprises Chief Justice Sundaresh Menon, Justice Judith Prakash and Justice Woo Bih Li.

Although the next step following the Disciplinary Tribunal’s findings against Lee Suet Fern is for the Court of Three Judges to decide if Lee Suet Fern should be struck off the roll, the powers of the Court of Three Judges are not limited to that role.

The Court of Three Judges is not bound to accept the findings and decision of the Disciplinary Tribunal. If the Court of Three Judges does not agree with the decision of the Disciplinary Tribunal, it has the power to set aside the determination of the Disciplinary Tribunal, direct Disciplinary Tribunal to rehear and reinvestigate the complaint, or even order the appointment of another Disciplinary Tribunal to hear and investigate the complaint.

We shall see in the coming days whether the Court of Three Judges agrees with Disciplinary Tribunal’s conclusions or not; and if the Court does, then whether the Court considers it would be an appropriate sanction to strike Lee Suet Fern off the roll.

Jeannette Chong-Aruldoss is a practising lawyer of 30 years’ standing. Wills & Probate is one of her areas of specialisation.

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Court Cases

Impeachment bid against Raeesah Khan rejected: Court finds no ‘material contradiction’ in testimony

During Wednesday’s trial, lawyer Andre Jumabhoy sought to impeach Raeesah Khan, citing contradictions in her testimony. Despite objections from Deputy Attorney-General Ang Cheng Hock, Jumabhoy argued that a text message contradicted her statements. The judge ultimately rejected the impeachment bid.

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Andre Jumabhoy, the lawyer representing Pritam Singh, Secretary-General of the Workers' Party and prosecution witness Raeesah Khan

During the trial on Wednesday morning, Andre Jumabhoy, the lawyer representing Pritam Singh, Secretary-General of the Workers’ Party, accused prosecution witness Raeesah Khan of repeatedly lying during her cross-examination on Tuesday and sought to impeach her.

Jumabhoy argued that a text message sent by Khan to Singh on 4 October 2021 was “materially contradictory” to the evidence she provided in court.

After Khan was asked to step down from the stand, Jumabhoy formally made an oral application for impeachment. However, Deputy Principal District Judge Luke Tan suggested that Jumabhoy gather more evidence before proceeding. Despite this, Jumabhoy pressed on with the application, claiming that the text message demonstrated a significant discrepancy between Khan’s court testimony and her actions.

In his oral submissions, Jumabhoy argued that the text message showed Khan had acted inconsistently with her testimony. He alleged that this discrepancy undermined her credibility.

However, Deputy Attorney-General (DAG) Ang Cheng Hock objected to the impeachment, arguing that the text message aligned with the overall gist of Khan’s testimony.

DAG Ang pointed out that Khan had not received the confirmation she sought from Singh and instead followed his prior advice, maintaining her interpretation of what Singh had allegedly told her during a meeting at her home on 3 October 2021.

Ang further stressed that the court should consider the entire context of the situation, rather than focusing solely on the text message. He argued that relying only on the text would be “completely inappropriate,” asserting, “There is no material discrepancy.” DAG Ang concluded that the grounds for impeachment had not been met.

Ultimately, the judge agreed with the prosecution’s objection and refused the impeachment request.

Deputy Principal District Judge Luke Tan, reading the agreed statement of facts (SOF), told the counsels that he agreed with the prosecution’s view. He noted that Raeesah Khan’s response to why she did not tell the truth could not be considered in isolation, as there had been prior discussions that provided important context.

The judge also noted there was no dispute that a meeting between Singh and Khan took place on 3 October 2021, as documented in the SOF. Singh had visited Khan at her home, during which he allegedly advised her on how to handle her parliamentary lie about a rape victim’s experience with the police.

It was further revealed that Khan sent Singh a text message on 4 October 2021, asking for further guidance during the parliamentary sitting, where Law and Home Affairs Minister K. Shanmugam questioned her.

Judge Tan acknowledged that it appeared Khan was specifically confronted by Shanmugam, prompting her to reach out to Singh for reassurance.

The judge ultimately concluded that Khan’s response was consistent with her earlier claims about Singh’s advice. He stated, “I do not see a contradiction, let alone a material contradiction.”

In a separate line of questioning, Jumabhoy challenged Khan’s previous testimony that Singh did not require her to tell the truth about her false statements in Parliament.

He raised an email sent by Singh to all Workers’ Party MPs on 1 October 2021, stressing the importance of backing up statements made in Parliament to avoid facing the Committee of Privileges (COP).

In her testimony, Khan claimed that she and Singh did not discuss this email during their meeting on 3 October.

Jumabhoy suggested that Singh’s email highlighted the serious consequences of lying in Parliament, contrasting with Khan’s claim that Singh told her there would be no judgment if she maintained her false account. He argued that any reasonable person would have been confused by these conflicting messages and would have sought further clarification from Singh.

Khan, however, maintained her version of events, testifying that Singh had advised her to “continue with the narrative” during their 3 October meeting. She stated that if Singh had told her to confess, she would have prepared accordingly and told the truth.

Jumabhoy pressed further, questioning whether Khan, as an experienced MP who had been in Parliament for over a year, needed specific instructions to tell the truth.

He emphasized that she did not need a directive to lie, yet claimed she required one to tell the truth. Khan responded that she sought advice from her leaders out of fear and confusion, as she felt overwhelmed by the mistake she had made.

Jumabhoy continued to argue that Khan should have questioned Singh’s advice if she found it vague or inconsistent with his previous email about parliamentary consequences. He pointed out that Khan had texted Singh during the 4 October parliamentary sitting, asking for reassurance when Shanmugam confronted her, suggesting that if Singh had already told her what to do, there was no need for this additional message.

Khan responded that she sought reassurance to confirm Singh still supported her decision to maintain the narrative, even after their discussion the night before.

Despite these arguments, the judge ultimately sided with the prosecution, ruling that there was no material contradiction in Khan’s testimony and denying the impeachment request.

The trial continues, with Singh facing charges under the Parliament (Privileges, Immunities and Powers) Act, related to lies told by Khan in Parliament in August 2021 about a rape victim’s interaction with the police.

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Court Cases

Pritam Singh’s defence accuses Raeesah Khan of consistently lying

During a cross-examination in court on 15 October 2024, Pritam Singh’s defence, led by lawyer Andre Jumabhoy, accused former Workers’ Party member Raeesah Khan of repeatedly lying, including during a parliamentary session. The defence aimed to impeach her credibility, arguing her statements conflicted with previous accounts.

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Raeesah Khan, Pritam Singh accompanied by his lawyer, Andre Jumabhoy

The defence team representing Pritam Singh, Secretary-General of the Workers’ Party (WP), began its cross-examination of former WP member Raeesah Khan on 15 October 2024 at 11:45 am.

Singh’s lawyer, Andre Jumabhoy, accused Khan of repeatedly lying, both in parliament and to Singh himself. These accusations relate to Khan’s 2021 parliamentary anecdote where she falsely claimed to have accompanied a rape victim to a police station.

During the intense cross-examination, Mr Jumabhoy focused on inconsistencies in Khan’s statements.

His questioning centred on the narrative Khan shared in parliament on 3 August 2021, where she described accompanying a woman to a police station.

Khan alleged that the police made inappropriate comments about the woman’s attire and alcohol consumption. she later admitted this story was fabricated, leading to significant consequences, including a Committee of Privileges (COP) inquiry.

The defence argued that Khan’s lies extended beyond her parliamentary speech, accusing her of misleading Singh through subsequent communications.

Mr Jumabhoy highlighted a series of text messages between Khan and Singh, emphasising how Khan avoided revealing the truth.

In one exchange, Singh asked Khan for more details about the victim. Khan replied that she was unsure if she could contact the victim, but Mr Jumabhoy pointed out that Khan had no real knowledge of the victim and was continuing to fabricate details.

He remarked, “You’re adding more facts to support a lie … So it’s a lie heaped upon a lie.”

In her defence, Khan acknowledged lying but cited fear and pressure as reasons for her actions.

She explained that her respect for Singh, whom she described as a mentor, contributed to her decision to continue lying. “I was so scared of disappointing him, I just let it snowball,” Khan testified.

However, this admission did little to deter the defence’s efforts to discredit her testimony further.

Towards the end of the hearing, Mr Jumabhoy applied to impeach Khan’s credibility as a witness. The defence argued that prior inconsistencies in Khan’s statements warranted such action.

Two specific instances were presented where contradictions appeared between Khan’s police statements and her court testimony.

One instance focused on an email sent by Singh to all WP MPs on 1 October 2021 regarding parliamentary protocol.

According to Mr Jumabhoy, Khan’s account of this email differed between her police statement and her court testimony.

In court, Khan suggested that the email was a subtle reprimand directed at her. In contrast, her police statement indicated that the email caused her fear, as she worried her earlier lie would be exposed.

Deputy Attorney-General Ang Cheng Hock challenged the relevance of this discrepancy, arguing that it did not warrant impeachment as Khan had not been asked explicitly about her emotional reaction to the email.

The second instance involved a meeting between Singh and Khan on 3 October 2021, where they allegedly discussed the possibility of her false statement resurfacing in parliament.

Khan’s police statement indicated that Singh referred to his parliamentary protocol email and warned that “they might bring it up again,” referencing her lie.

However, in her court testimony, Khan suggested Singh had indicated the matter was unlikely to resurface. This inconsistency was another point the defence used to challenge her credibility.

Despite the prosecution’s objections, Deputy Principal District Judge Luke Tan agreed that there was an “obvious discrepancy” in Khan’s account and allowed the defence to continue exploring this line of questioning when the hearing resumes.

Throughout the cross-examination, Mr Jumabhoy persistently questioned the reliability of Khan’s recollections. He pointed out that Khan had provided multiple versions of her accounts regarding key events, such as a meeting held at Singh’s home on 8 August 2021.

According to Mr Jumabhoy, Khan’s testimony to the COP in December 2021 differed significantly from her current statements.

He noted that Khan’s COP testimony initially suggested she was advised to maintain her narrative unless questioned, while a later statement indicated a decision to “take it to the grave.” Khan explained these differences by attributing them to the specific context of the questions posed to her during the COP inquiry and her police interview.

Khan appeared more composed on Tuesday compared to the first day of the trial. She often answered Mr Jumabhoy’s questions directly but also sought deeper understanding of his queries, asking for clarifications and even posing questions back to him.

As the hearing continues, the defence is expected to further question Khan on the discrepancies in her testimony, potentially undermining her credibility.

The court session will resume on Wednesday, with the focus on the defence’s continued cross-examination of Khan.

This case has drawn public attention due to its implications for parliamentary integrity and the internal dynamics within the Workers’ Party. Singh faces two charges related to his handling of Khan’s false statement.

If convicted, Singh could face up to three years in prison, a fine of up to S$7,000 (US$5,360) for each charge, or both.

A fine exceeding S$10,000 for a charge could disqualify Singh from Parliament and prevent him from running for election for five years.

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