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M Ravi — From S$6k fine to 5 years suspension

The Law Society of Singapore has imposed a maximum five-year suspension on lawyer M Ravi for improper conduct, citing his lack of respect for key legal institutions and his baseless allegations. Teo Soh Lung voiced her opinion on how the judgment raises concerns about stifling free speech and expression and the overprotection of legal institutions.

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by Teo Soh Lung

This case perhaps highlights the danger of “ownself represent ownself” in a court case.

M Ravi discharged his lawyers and represented himself at a hearing before a court of three judges (including the Chief Justice Sundaresh Menon) determining an appeal by the Law Society of Singapore (LawSoc).

Its Disciplinary Tribunal had imposed the penalty of S$6,000 on Ravi for improper conduct – for threatening the Attorney General Chambers (AGC) and LawSoc with legal proceedings over the case of Gobi a/l Avedian.

The Tribunal had acquitted Ravi of the first charge but found him guilty of the other three charges.

The first charge alleged that the prosecutor was “overzealous in his prosecution” by appealing against the sentence of 10 years and 15 strokes of the cane passed by the High Court on Gobi a/l Avedian. Gobi was subsequently sentenced to death by the Court of Appeal. The judges then included Menon CJ).

This case also emphasised the powers of the court over the conduct of lawyers. They can expect harsh penalties even if the complaints against them do not involve fraud or grossly improper conduct. But this is nothing novel as Singapore laws are in general, extremely punitive.

At the hearing conducted via zoom last October, LawSoc’s lawyer asked the court to impose a three months suspension on Ravi.

On being reminded by CJ Menon that another lawyer, Nalpon, who made sub-judice remarks, was suspended for 15 months, she agreed that the suspension should be longer.

The recent judgement notes that Gopalan Nair was suspended for two years and Ravi M deserved to be suspended for five years, the maximum under the law.

I cannot appreciate the reasoning of the Court in ordering the maximum penalty for Ravi M. The offending statements were published on his personal Facebook, a day after Gobi’s life was spared by the Court of Appeal. Those posts I think, can be attributed to the feeling of relief and of feeling “good and high” at Gobi being spared the gallows.

His attempts to explain to the Court regarding the pressure he faced from the prosecution when he was on medical leave not only failed to gain compassion but probably aggravated his situation.

From what the Chief Justice said at the zoom hearing, Ravi had apparently failed to show any remorse for what he had published on his Facebook and had stubbornly held on to the belief that he was a “victim” of persecution by the State as well as the Law Society.

His evidence at the Tribunal and the written submissions of his lawyer apparently differed from what he told the court. He failed to gain any sympathy for his bipolar condition and the mitigating factors – that he was subjected to several prosecutions and complaints by the AGC when he was on medical leave.

Perhaps what is most unfortunate about the judgement is its emphasis on the need to protect our key legal legal institutions.

CJ Menon said:

“In our judgment, Mr Ravi’s misconduct exhibits a fundamental lack of respect and a blatant disregard for the integrity of Singapore’s key legal institutions. This, in our view, revealed an ingrained attitude that may amount to a defect of character because Mr Ravi’s views are not only not rooted in fact but also seem to be stubbornly held and acted upon. There is also no doubt as to the utter disregard he has for the AG and the Law Society, both of which are key institutions of our legal system, and has to this extent brought dishonour to the standing of the legal profession. … we hold that the appropriate sanction is the maximum term of suspension. The position would likely have been a striking off order if we were also sanctioning Mr Ravi for the First Charge. We elaborate.”

The court then details six instances justifying why Ravi M deserves the maximum suspension of five years.

I quote parts of these instances here.

  1. Mr Ravi has demonstrated not only his failure to uphold public confidence in the integrity of the legal system and legal profession, but also his readiness to actively undermine them.
  2. Mr Ravi’s blatant disregard for these key legal institutions is demonstrated by the seriousness of the allegations made against the AG and the Law Society coupled with his persistent tendency to make these allegations with no regard for the truth.
  3. Mr Ravi made grievous allegations against essential pillars of our legal system which threatened to undermine public confidence in the integrity of these key institutions, accusing them of abusing their position and powers to take unfair advantage of an accused person facing the death penalty and to deliberately mislead the court (in the case of the AG et al), or of being complicit in an attempt to harass Mr Ravi (in the case of the Law Society). These allegations went beyond attacks on the integrity of these institutions themselves and, more fundamentally, cast doubt on the fairness and integrity of the criminal justice system as a whole.
  4. Mr Ravi, in fact, went even further to allege that the court had “abdicate[d] its duties” by failing to exercise its powers under s 394J(1)(b) of the CPC to review the Gobi proceedings on its own motion. This point is entirely irrelevant to the issues in the present proceedings, which are concerned with the impropriety of the allegations he had levied against the AG et al and the Law Society. In our view, these further accusations were not only indications of his impenitence, but yet another marker of his inclination to make baseless assertions of impropriety against key legal institutions. Mr Ravi even went so far as to impugn the profession as a whole during his oral submissions, stating that he “[did] not feel any more part of an honourable profession” [emphasis added].
  5. No solicitor can be permitted to recklessly and baselessly undermine the very pillars of the legal system in which he (as well as his fellow practitioners) operates; to do so would plainly cause grave injury to public confidence in the legal profession.
  6. that imposing anything short of the maximum term of suspension that is now permitted would not be adequate to address the continuing danger that Mr Ravi, by his baseless and ill-conceived attacks, poses to public confidence in the administration of justice in Singapore.

I am quite surprised at these conclusions. Is there no room for criticism of our key institutions of justice? Are our judges, the AGC and LawSoc above comments?

In his oral submission, Ravi did express to the court that he “[did] not feel any more part of an honourable profession.”

Though his general statements may show his lack of faith in the legal profession, this is just his opinion and should not have disturbed the court. The focus should have been on the seriousness of the three charges before them and not his expression of his opinion of LawSoc.

Prerogative of the Court

Enhancement of a sentence by the Appellate Court is its prerogative. The former Chief Justice Yong Pung How had done that frequently though he had on some rare occasions expressed compassion and given young offenders a chance to reform.

I had that kind of treatment from him when I represented one 18-year-old boy who was involved in a gang fight in Orchard Road.

The entire gang was brought before the Subordinate Courts and sentenced to jail with three strokes of the cane when they pleaded guilty to rioting. It was an extremely harsh punishment for our young people.

My client appealed because he was afraid of the cane. He prayed very hard to be spared the cane. And his prayers were answered on the morning he appeared before former Justice Yong. He reduced the sentence and did away with the three strokes of the cane. In open court, he ordered the other cases to be reviewed. All the young people were spared the rod!

CJ Menon is aware of section 394J(1)(b) of the Criminal Procedure Code. The Court of Appeal delivered its judgement on Adili Chibuike Ejike’s case on 27 May 2019. It did not call for a review of Gobi’s case. Nine months after Adili’s judgement, Ravi filed Gobi’s application for review on 25 February 2019.

Had he not filed Gobi’s application for review, would Gobi have been sent to the gallows? He had exhausted all avenues of appeal, including an unsuccessful clemency petition to our President.

CJ Menon pointed out at the hearing that Ravi M should not claim credit for succeeding in the review of Gobi because it was the Court of Appeal itself that raised the issue of the prosecution running two different cases at the trial and at the appeal.

Ravi accepted this correction but added that the Court of Appeal should, on its own motion, exercise its power of review under the Criminal Procedure Code. Why is this irrelevant to the issues raised in Ravi M’s case when he, perhaps in a moment of exasperation of being reminded that the success of the review was no credit to him, blurted out that the court had “abdicate[d] its duties”?

With due respect to CJ Menon, I think this is relevant to the proceedings. If this opinion is irrelevant, then Ravi M’s opinion about LawSoc is equally irrelevant.

Public confidence cannot disappear with the words of one individual

It is unfortunate that our government refuse to follow our colonial master in doing away with the law of scandalising the court. Instead, our parliament swiftly enacted the Administration of Justice (Protection) Act.

I think our judiciary is overprotected by this law. This law has rendered fundamental liberties that are guaranteed by our Constitution meaningless.

Is it good for us to stifle free speech and expression? Should we forget Lord Atkin’s observation in 1936 that “Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men.”

I think it is not a good practice to overprotect the reputation of any institution, be it legal, educational or even the country.

A good reputation must be earned. It is pointless to self-praise or claim that one’s good name is ruined by the words of one person. Public confidence in the legal profession or any institution cannot disappear with the words of one individual.

If a good reputation can be damaged so easily, then I don’t think it was ever a good reputation, to begin with.

This was first published on Function 8’s Facebook page

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Lim Tean criticizes Govt’s rejection of basic income report, urges Singaporeans to rethink election choices

Lim Tean, leader of Peoples Voice (PV), criticizes the government’s defensive response to the basic living income report, accusing it of avoiding reality.

He calls on citizens to assess affordability and choose MPs who can truly enhance their lives in the upcoming election.

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SINGAPORE: A recently published report, “Minimum Income Standard 2023: Household Budgets in a Time of Rising Costs,” unveils figures detailing the necessary income households require to maintain a basic standard of living, using the Minimum Income Standard (MIS) method.

The newly released study, spearheaded by Dr Ng Kok Hoe of the Lee Kuan Yew School of Public Policy (LKYSPP) specifically focuses on working-age households in 2021 and presents the latest MIS budgets, adjusted for inflation from 2020 to 2022.

The report detailed that:

  • The “reasonable starting point” for a living wage in Singapore was S$2,906 a month.
  • A single parent with a child aged two to six required S$3,218 per month.
  • Partnered parents with two children, one aged between seven and 12 and the other between 13 and 18, required S$6,426 a month.
  • A single elderly individual required S$1,421 a month.
  • Budgets for both single and partnered parent households averaged around S$1,600 per member. Given recent price inflation, these figures have risen by up to 5% in the current report.

Singapore Govt challenges MIS 2023 report’s representation of basic needs

Regrettably, on Thursday (14 Sept), the Finance Ministry (MOF), Manpower Ministry (MOM), and Ministry of Social and Family Development (MSF) jointly issued a statement dismissing the idea suggested by the report, claiming that minimum household income requirements amid inflation “might not accurately reflect basic needs”.

Instead, they claimed that findings should be seen as “what individuals would like to have.”, and further defended their stances for the Progressive Wage Model (PWM) and other measures to uplift lower-wage workers.

The government argued that “a universal wage floor is not necessarily the best way” to ensure decent wages for lower-wage workers.

The government’s statement also questions the methodology of the Minimum Income Standards (MIS) report, highlighting limitations such as its reliance on respondent profiles and group dynamics.

“The MIS approach used is highly dependent on respondent profiles and on group dynamics. As the focus groups included higher-income participants, the conclusions may not be an accurate reflection of basic needs.”

The joint statement claimed that the MIS approach included discretionary expenditure items such as jewellery, perfumes, and overseas holidays.

Lim Tean slams Government’s response to basic living income report

In response to the government’s defensive reaction to the recent basic living income report, Lim Tean, leader of the alternative party Peoples Voice (PV), strongly criticizes the government’s apparent reluctance to confront reality, stating, “It has its head buried in the sand”.

He strongly questioned the government’s endorsement of the Progressive Wage Model (PWM) as a means to uplift the living standards of the less fortunate in Singapore, describing it as a misguided approach.

In a Facebook video on Friday (15 Sept), Lim Tean highlighted that it has become a global norm, especially in advanced and first-world countries, to establish a minimum wage, commonly referred to as a living wage.

“Everyone is entitled to a living wage, to have a decent life, It is no use boasting that you are one of the richest countries in the world that you have massive reserves, if your citizens cannot have a decent life with a decent living wage.”

Lim Tean cited his colleague, Leong Sze Hian’s calculations, which revealed a staggering 765,800 individuals in Singapore, including Permanent Residents and citizens, may not earn the recommended living wage of $2,906, as advised by the MIS report.

“If you take away the migrant workers or the foreign workers, and take away those who do not work, underage, are children you know are unemployed, and the figure is staggering, isn’t it?”

“You know you are looking at a very substantial percentage of the workforce that do not have sufficient income to meet basic needs, according to this report.”

He reiterated that the opposition parties, including the People’s Voice and the People’s Alliance, have always called for a minimum wage, a living wage which the government refuses to countenance.

Scepticism about the government’s ability to control rising costs

In a time of persistently high inflation, Lim Tean expressed skepticism about the government’s ability to control rising costs.

He cautioned against believing in predictions of imminent inflation reduction and lower interest rates below 2%, labeling them as unrealistic.

Lim Tean urged Singaporeans to assess their own affordability in these challenging times, especially with the impending GST increase.

He warned that a 1% rise in GST could lead to substantial hikes in everyday expenses, particularly food prices.

Lim Tean expressed concern that the PAP had become detached from the financial struggles of everyday Singaporeans, citing their high salaries and perceived insensitivity to the common citizen’s plight.

Lim Tean urges Singaporeans to rethink election choices

Highlighting the importance of the upcoming election, Lim Tean recommended that citizens seriously evaluate the affordability of their lives.

“If you ask yourself about affordability, you will realise that you have no choice, In the coming election, but to vote in a massive number of opposition Members of Parliament, So that they can make a difference.”

Lim Tean emphasized the need to move beyond the traditional notion of providing checks and balances and encouraged voters to consider who could genuinely improve their lives.

“To me, the choice is very simple. It is whether you decide to continue with a life, that is going to become more and more expensive: More expensive housing, higher cost of living, jobs not secure because of the massive influx of foreign workers,” he declared.

“Or you choose members of Parliament who have your interests at heart and who want to make your lives better.”

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Political observers call for review of Singapore’s criteria of Presidential candidates and propose 5 year waiting period for political leaders

Singaporean political observers express concern over the significantly higher eligibility criteria for private-sector presidential candidates compared to public-sector candidates, calling for adjustments.

Some also suggest a five year waiting period for aspiring political leaders after leaving their party before allowed to partake in the presidential election.

Notably, The Workers’ Party has earlier reiterated its position that the current qualification criteria favor PAP candidates and has called for a return to a ceremonial presidency instead of an elected one.

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While the 2023 Presidential Election in Singapore concluded on Friday (1 September), discussions concerning the fairness and equity of the electoral system persist.

Several political observers contend that the eligibility criteria for private-sector individuals running for president are disproportionately high compared to those from the public sector, and they propose that adjustments be made.

They also recommend a five-year waiting period for aspiring political leaders after leaving their party before being allowed to participate in the presidential election.

Aspiring entrepreneur George Goh Ching Wah, announced his intention to in PE 2023 in June. However, His application as a candidate was unsuccessful, he failed to receive the Certificate of Eligibility (COE) on 18 August.

Mr Goh had expressed his disappointment in a statement after the ELD’s announcement, he said, the Presidential Elections Committee (PEC) took a very narrow interpretation of the requirements without explaining the rationale behind its decision.

As per Singapore’s Constitution, individuals running for the presidency from the private sector must have a minimum of three years’ experience as a CEO in a company.

This company should have consistently maintained an average shareholders’ equity of at least S$500 million and sustained profitability.

Mr Goh had pursued eligibility through the private sector’s “deliberative track,” specifically referring to section 19(4)(b)(2) of the Singapore Constitution.

He pointed out five companies he had led for over three years, collectively claiming a shareholders’ equity of S$1.521 billion.

Notably, prior to the 2016 revisions, the PEC might have had the authority to assess Mr Goh’s application similarly to how it did for Mr Tan Jee Say in the 2011 Presidential Election.

Yet, in its current formulation, the PEC is bound by the definitions laid out in the constitution.

Calls for equitable standards across public and private sectors

According to Singapore’s Chinese media outlet, Shin Min Daily News, Dr Felix Tan Thiam Kim, a political analyst at Nanyang Technological University (NTU) Singapore, noted that in 2016, the eligibility criteria for private sector candidates were raised from requiring them to be executives of companies with a minimum capital of S$100 million to CEOs of companies with at least S$500 million in shareholder equity.

However, the eligibility criteria for public sector candidates remained unchanged. He suggests that there is room for adjusting the eligibility criteria for public sector candidates.

Associate Professor Bilver Singh, Deputy Head of the Department of Political Science at the National University of Singapore, believes that the constitutional requirements for private-sector individuals interested in running are excessively stringent.

He remarked, “I believe it is necessary to reassess the relevant regulations.”

He points out that the current regulations are more favourable for former public officials seeking office and that the private sector faces notably greater challenges.

“While it may be legally sound, it may not necessarily be equitable,” he added.

Proposed five-year waiting period for political leaders eyeing presidential race

Moreover, despite candidates severing ties with their political parties in pursuit of office, shedding their political affiliations within a short timeframe remains a challenging endeavour.

A notable instance is Mr Tharman Shanmugaratnam, who resigned from the People’s Action Party (PAP) just slightly over a month before announcing his presidential candidacy, sparking considerable debate.

During a live broadcast, his fellow contender, Ng Kok Song, who formerly served as the Chief Investment Officer of GIC, openly questioned Mr Tharman’s rapid transition to a presidential bid shortly after leaving his party and government.

Dr Felix Tan suggests that in the future, political leaders aspiring to run for the presidency should not only resign from their parties but also adhere to a mandatory waiting period of at least five years before entering the race.

Cherian George and Kevin Y.L. Tan: “illogical ” to raise the corporate threshold in 2016

Indeed, the apprehension regarding the stringent eligibility criteria and concerns about fairness in presidential candidacy requirements are not limited to political analysts interviewed by Singapore’s mainstream media.

Prior to PE2023, CCherian George, a Professor of media studies at Hong Kong Baptist University, and Kevin Y.L. Tan, an Adjunct Professor at both the Faculty of Law of the National University of Singapore and the NTU’s S. Rajaratnam School of International Studies (RSIS), brought attention to the challenges posed by the qualification criteria for candidates vying for the Singaporean Presidency.

In their article titled “Why Singapore’s Next Elected President Should be One of its Last,” the scholars discussed the relevance of the current presidential election system in Singapore and floated the idea of returning to an appointed President, emphasizing the symbolic and unifying role of the office.

They highlighted that businessman George Goh appeared to be pursuing the “deliberative track” for qualification, which requires candidates to satisfy the PEC that their experience and abilities are comparable to those of a typical company’s chief executive with shareholder equity of at least S$500 million.

Mr Goh cobbles together a suite of companies under his management to meet the S$500m threshold.

The article also underscored the disparities between the eligibility criteria for candidates from the public and private sectors, serving as proxies for evaluating a candidate’s experience in handling complex financial matters.

“It is hard to see what financial experience the Chairman of the Public Service Commission or for that matter, the Chief Justice has, when compared to a Minister or a corporate chief.”

“The raising of the corporate threshold in 2016 is thus illogical and serves little purpose other than to simply reduce the number of potentially eligible candidates.”

The article also touches upon the issue of candidates’ independence from political parties, particularly the ruling People’s Action Party (PAP).

It mentions that candidates are expected to be non-partisan and independent, and it questions how government-backed candidates can demonstrate their independence given their previous affiliations.

The Workers’ Party advocate for a return to a ceremonial presidency

It comes as no surprise that Singapore’s alternative party, the Workers’ Party, reaffirmed its stance on 30 August, asserting that they believe the existing qualifying criteria for presidential candidates are skewed in favour of those approved by the People’s Action Party (PAP).

They argue that the current format of the elected presidency (EP) undermines the principles of parliamentary democracy.

“It also serves as an unnecessary source of gridlock – one that could potentially cripple a non-PAP government within its first term – and is an alternative power centre that could lead to political impasses.”

Consistently, the Workers’ Party has been vocal about its objection to the elected presidency and has consistently called for its abolition.

Instead, they advocate for a return to a ceremonial presidency, a position they have maintained for over three decades.

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