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Persecution through legislation: A continuation of political vendetta against the Jeyaretnam family

The People’s Action Party (PAP) appears to be using the Protection from Online Falsehoods and Manipulation Act (POFMA) to persecute Kenneth Jeyaretnam, echoing the tactics that led to his father’s bankruptcy through defamation suits filed by former political leaders of the party.

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The People’s Action Party (PAP) appears to have turned to using the Protection from Online Falsehoods and Manipulation Act (POFMA) to persecute Kenneth Jeyaretnam, echoing the tactics that led to his father’s bankruptcy through defamation suits filed by former political leaders of the party.

Mr Jeyaretnam, Chief of the Reform Party, was recently hit with his eighth POFMA Correction Direction on 4 July 2024. This latest move, directed by Minister for Transport and Second Minister for Finance Chee Hong Tat, targets statements made by Mr Jeyaretnam in a Facebook post dated 15 June 2024, labelling them as falsehoods.

In the press statement accompanying the correction direction against Mr Jeyaretnam, it has been said that the POFMA Office and the Singapore Police Force are actively seeking his cooperation for investigations under POFMA and the Administration of Justice (Protection) Act 2016. Both laws were introduced by Minister for Home Affairs and Law K Shanmugam. These investigations might result in prosecutions against Mr Jeyaretnam, with jail time and heavy financial penalties.

Kenneth Jeyaretnam being cancelled for being a government critic?

Since December 2023, Mr Jeyaretnam’s website, The Ricebowl Singapore, and his social media accounts have been designated as “Declared Online Locations” under POFMA. This designation prohibits financial contributions to these platforms, effectively curtailing their operational capabilities. While Mr Jeyaretnam does not make money from his blog or social media channels, the POFMA regulations require social media platforms to restrict access to the online locations, reducing the exposure of his views and opinions.

Mr Jeyaretnam’s persistent critique of government policies, particularly those related to land prices and public housing, has made him a target for POFMA’s heavy-handed enforcement, especially when it comes to mentioning Ridout Road, which includes Mr Shanmugam. Five of his Correction Directions are related to the Ridout Road saga, not to mention how Mr Jeyaretnam’s blog post last year was the reason why Singaporeans became aware of the controversial matter of how the PAP ministers live in state-owned estates that are large enough to be called palaces.

In his recent Facebook post, Jeyaretnam criticized government policies and mentioned the two ministers’ estates at Ridout Road rented by Ministers K Shanmugam and Vivian Balakrishnan.

He argued that properties on Ridout Road could be better utilized for public housing, potentially providing over 1,700 HDB flats. Additionally, Jeyaretnam raised concerns about the transparency of endowment and trust funds, suggesting that these financial structures obscure the true use of public funds.

According to the MOF’s rebuttal, land prices for HDB sales are determined by the independent Chief Valuer, and endowment and trust funds are transparently reported in public financial statements. The MOF also defended the preservation of heritage properties, denying any strategy to artificially inflate land prices.

The repeated use of POFMA against Mr Jeyaretnam highlights a troubling trend in Singapore’s political landscape. Initially introduced in 2019 to counteract falsehoods and safeguard public safety, POFMA has increasingly been used against political parties, their members, and critics.

Rather than issuing Correction Directions against blatant falsehoods or videos using deepfake technology, as examples given by the People’s Action Party in the passing of the bill in 2019, many of the directions other than those concerning COVID-19 have been about criticism of the establishment and different views of policies and interpretation of public data.

Persecution of the Jeyaretnams

Mr Jeyaretnam’s late father, JB Jeyaretnam, was a prominent opposition figure who faced relentless legal challenges from the PAP.

In the 1980s and 1990s, he was subjected to multiple defamation suits that resulted in hefty fines, ultimately leading to his bankruptcy and disqualification from Parliament twice. This strategy effectively neutralized a powerful political adversary and set a precedent for the use of legal mechanisms to suppress opposition.

Since stepping into politics in 2008, Mr Jeyaretnam has contributed in his way without issues with the law, avoiding the pitfalls his father faced, and went ahead to contest in the general elections heading the Reform Party.

However, the repeated use of POFMA against Mr Jeyaretnam shows how he is now constrained by a new law that never existed during his father’s time. This strongly suggests that the new law is not meant to protect Singapore from foreign actors but instead acts as a tool for the suppression of political dissent and the erosion of free speech, which is protected under Article 14 of the Singapore Constitution.

As Mr Jeyaretnam continues to challenge government policies, the threat of criminal prosecution under POFMA looms large for him. The parallels between the legal battles faced by JB Jeyaretnam and the current challenges confronting his son suggest that the use of legal mechanisms to stifle opposition remains a persistent feature of Singaporean politics.

The continued persecution of the Jeyaretnams underscores the need for a critical examination of Singapore laws such as POFMA’s application and its impact on democratic principles in Singapore and the introduction of amendments to existing laws.

Take, for example, the amendments to laws such as the Maintenance of Racial Harmony Bill, which could likely make the criticism of the ongoing genocide of Palestinians in Gaza by the Israeli military illegal under the Maintenance of Religious Harmony Act (MRHA).

While the PAP government is strongly supportive of the Israeli government despite the atrocities happening in Gaza, it is surely concerned about the wave in the Western hemisphere, where voters demand actions from their governments to put a stop to the hostilities in Gaza and the cutting of support and collaboration with Israel. Rather than stating clearly that it would accept Palestine’s statehood, it is playing a delaying tactic to say to wait for the right time as Palestinians are massacred and chased out of their homeland.

Just last month, three women were charged under the Public Order Act for organizing about 70 people to deliver letters supporting Palestine to the Istana without a permit. Had it not been for the amendments introduced in 2009 — again with the involvement of Mr Shanmugam, the three might not have been charged in this instance.

In light of the upcoming general election, the PAP would surely want to ensure such criticisms of its position on the Gaza conflict are snuffed out by the threat of persecution under the new amendments, just as Singaporeans are being intimidated from speaking out in fear that they become like Mr Jeyaretnam.

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Opinion

Iswaran unlikely to serve full 12-month sentence under conditional remission and possibly home detention

Former Transport Minister S Iswaran is unlikely to serve the full 12 months of his sentence. Under Singapore’s Conditional Remission System, he could leave prison after serving less than eight months, with the remainder of his sentence served under strict supervision, including home detention. While Iswaran is scheduled to surrender on 7 October 2024, there is a possibility of an appeal.

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Former Transport Minister Iswaran was sentenced to 12 months in prison on 3 October 2024 for accepting valuable gifts while in public office and obstructing the course of justice.

The court granted Iswaran’s request to surrender himself at 4 p.m. on 7 October 2024 to begin his sentence. However, his lead lawyer, Davinder Singh, indicated that the start of the sentence could be delayed depending on “instructions,” hinting at the possibility of an appeal.

However, despite the 12-month sentence, it is highly likely that Iswaran will serve less time in prison due to Singapore’s Conditional Remission System (CRS) and potentially the Home Detention Scheme (HDS).

Under the CRS, prisoners in Singapore may be released early if they demonstrate good behaviour.

Typically, under the CRS, inmates are eligible for release after serving two-thirds of their sentence. In Iswaran’s case, this means he could be released after serving eight months in prison, with the remaining four months of his sentence subject to a Conditional Remission Order (CRO).

The CRO, a legal mechanism that enforces strict conditions post-release, requires compliance with several terms, such as reporting to authorities and avoiding any criminal activity. If Iswaran violates these conditions, he could face penalties, including being sent back to prison to serve the remainder of his sentence.

Alongside CRS, there is also the possibility that Iswaran could serve part of his sentence under the Home Detention Scheme (HDS), which allows prisoners to serve their final months under strict supervision at home.

Take the case of former Singapore Civil Defence Force (SCDF) Chief Peter Lim Sin Pang, for example.

Lim was sentenced to six months in prison in 2013 for corruption.

After serving three months in Changi Prison, he was supposedly placed on home detention for one month — if we consider how CRO grants him two months of remission — allowing him to complete his sentence under supervision.

Home detention meant that Lim would spend his remaining sentence at home under electronic monitoring, fitted with an electronic monitoring device, typically worn as an ankle bracelet, which allows authorities to track his location at all times.

Like other inmates under the HDS, his movements were tightly controlled, and he was allowed out only for specific activities, such as attending work, medical appointments, or rehabilitation programmes, during limited hours.

Any deviation from the permitted activities or failure to return home on time could lead to immediate consequences, including being returned to prison to complete the sentence.

Eligibility for home detention depends on various factors, such as the inmate’s behaviour during incarceration and the level of risk they pose to society.

This scheme aims to reintegrate prisoners into society while maintaining strict oversight.

If HDS is applicable, Iswaran might spend even less time behind bars, as he could transition to home detention before completing the full period under the CRS.

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Opinion

Why the silence by Minister Shanmugam on his S$88 million property sale?

Despite being quick to rebut allegations, Minister K Shanmugam has remained silent on the S$88 million sale of his Good Class Bungalow (GCB) in August 2023. The lack of public commentary, especially given the potential conflict of interest with the Singapore Land Authority’s role, raises questions.

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When it comes to addressing allegations, Minister for Home Affairs and Law, K Shanmugam, has shown he can respond swiftly and decisively, as seen in his and Dr Vivian Balakrishnan’s rapid legal actions against Mr Lee Hsien Yang (LHY) for defamation, as well as their recent rebuttal to LHY’s statement regarding the defamation costs paid to the two ministers.

However, the stark contrast in how Mr. Shanmugam has handled recent revelations about his own financial dealings, and his silence regarding the S$88 million sale of a Good Class Bungalow (GCB), is puzzling and raises concerns about transparency and potential conflicts of interest.

TOC had earlier disclosed that Mr Shanmugam sold his GCB at 6 Astrid Hill for a staggering S$88 million in August 2023.

The sale was to UBS Trustees (Singapore) Ltd, a transaction managed by legal professionals from his former law firm and concluded without any encumbrances like a mortgage. This deal turned a home bought for S$7.95 million into an S$88 million sale—garnering a massive profit.

This sale was made just a month after he made his ministerial statement explaining the circumstances of his leasing of the massive black-and-white bungalow estate at 26 Ridout Road from the Singapore Land Authority (SLA), a statutory board that he oversees as the Minister for Law.

This transaction, particularly the identity of the buyer and the approval process for such a high-value sale, is of public interest because GCBs are subject to stringent sale conditions.

They are generally only sold to Singaporeans or approved Permanent Residents who have made significant economic contributions to Singapore. The approval for such transactions typically comes from the SLA.

This raises an inherent question: Why has Mr Shanmugam not addressed the public regarding this substantial financial transaction, especially when such approvals could potentially involve his direct oversight? We have written to him for his comments but were met with silence.

We do not know who the actual beneficiaries of the property are, as it was sold to ‘The Jasmine Villa Settlement,’ a trust managed by UBS Trustees. The beneficiaries could be Singaporeans, foreigners, or a mix of both.

His silence is notable because it contrasts sharply with his and other ministers’ rapid responses to allegations made by LHY.

The potential conflict of interest in the sale of the minister’s GCB is similar to earlier concerns about his rental of a black-and-white property at 26 Ridout Road, which also involved the SLA from which he has said to have recused himself from decisions made. Notably, the government has also cleared him of any wrongdoing.

The lack of public commentary from Mr Shanmugam about the sale of his GCB, despite the potential need for SLA’s approval, and the silence from the mainstream media on this revelation, merit scrutiny.

The public deserves to know:

  • Who was the buyer and, if the buyer is a non-Singaporean, who approved the sale to UBS Trustees and under what criteria? Especially since GCBs can only be sold to Singaporeans or Permanent Residents who have not only been resident in Singapore for over five years but have also made exceptional economic contributions—a criterion subject to the subjective approval of the authorities.
  • Was there any conflict of interest given the minister’s role over the SLA? This is particularly pertinent given that the SLA, which falls under the purview of the Ministry of Law, would typically be involved in approving such transactions if the buyer does not meet the usual criteria. Moreover, given the huge sum involved in the transaction, extra scrutiny is warranted, especially as Mr. Shanmugam is a public servant holding significant power.
  • Why has there been no public statement from Minister Shanmugam on this matter, especially given the rapid response to defamation accusations? His silence contrasts sharply with his prompt responses to other public issues, raising questions about consistency and transparency in handling personal financial dealings versus public allegations.

Minister Shanmugam’s transparency in this matter would reaffirm public trust and ensure that his actions as a minister do not conflict with his personal financial dealings.

His response, or lack thereof, will significantly influence public perception of his commitment to transparency and accountability in his official capacities.

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