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The new charge is really curious, relating as it does to an
alleged email that is more than 2 years old. Said to be dated 17 March
2006, the judge involved was named as Lai Siu Chiu. Court documents quoted
this sentence from the email: "The reason why (Lai) and her fellow
judges punish and silence PAP critics is because judges are well paid and
have comfortable lives."
Nair
(photo right), in a hastily called press conference said that while he had been
shown an email by the investigating officers, he does not know whether it
was written by him or not. His notebook -- by that he meant a pre-digital
age writing book -- had been seized by the police at the time he
was first arrested, on or around 31 May. "My password is there"
in the notebook, he added. [addendum
1]
At this stage, I don't intend to discuss this case. Facts are too
scanty. Instead, what I'd like to provide readers with is a description of
the press conference itself -- the story behind the story, as it were. How
was the news that you'd read about the next day generated? Does it cost money to set up a press conference? How
difficult is it for a private individual to get his story into the media?
* * * * *
I heard about the press conference when a reporter with whom I was
scheduled to have lunch today called a little after 12 noon. She apologised
profusely for having to cancel at the very last minute. "Gopalan
Nair's calling at press conference at 2:30 pm," she explained.
"He was given a second charge this morning."
However, since I had the time set aside for her anyway, I
figured I might as
well make my way to the same press conference.
"Where is it?" I asked.
"No. 23 Peck Seah Street. It's a coffeeshop."
When I got there about 2:20, I saw a small scrum of reporters sitting
on stools sipping iced tea waiting for the show to begin. Straits Times,
Today, Reuters, Channel NewsAsia and two more at least, were represented.
There were photographers and video cameramen too.

Waiting....
It being warm and humid, I ordered a
cold drink and sat to chat with the rest, alternating between what a reporter's
life was like and ministers' statements pertaining to Gopalan Nair and Singapore
Democratic Party (SDP) leaders. Naturally, what we said to each other must
remain private, though I can say that there was a general air of levity
and some gracious sharing of information.
Around 2:45, Nair, accompanied by his lawyer Chia Ti Lik and some
supporters, arrived. They noticed us, but sat apart for a little while to
complete whatever discussion they had ongoing.
Then they moved to a table near where we were and the press conference
began. Chia provided some context through opening remarks about the
morning's court proceedings and the additional charge.

Lawyer Chia Ti Lik (white
shirt) providing some opening remarks
Thereafter, Nair read from a prepared statement, which you can see
here on
the SDP website.
As you can see, he defended his right to post articles on his blog
regarding his observations of Singapore, particularly the recent trials
(26 – 28 May 2008) involving SDP leaders Chee Soon Juan and Chee Siok
Chin:
In the US where I come from, the judiciary just as any other government
or official body is open to criticism and they accept it as necessary for
the advancement and improvement of the administration of justice.
Referring to his blog postings,
As to the events that occurred during the 3 days in court, it is an
accurate observation which I have stated under my right as a free man.
However,
It was never my intention to malign or cause distress to anyone and if
the words that I had used had this effect, I withdraw them and apologize.
The reporters present would later ask him to clarify this point.
He repeated his critical observations of the court proceedings:
During the High Court hearing, I found Judge Belinda Ang to be
completely unfair and prejudicial to the interests of Dr. Chee, Chee Siok
Chin and the SDP. Almost every question put by Dr. Chee, Chee Siok Chin
and Ravi on behalf of the SDP were disallowed and each and every question
put up by the lawyer for Lee Kuan Yew and his son were invariably allowed.
Almost every objection raised by the lawyer for Lee Kuan Yew was
sustained, keeping in mind that the lawyer for Lee Kuan Yew and son,
objected to almost every question that Dr. Chee and company raised.
To state plainly, Dr. Chee and his company was denied the right to
cross-examine the Plaintiffs in any meaningful way. In fact we could go
even further and say that he and Siok Chin were denied the right to
cross-examine Lee and Son almost entirely. In fact if Dr. Chee managed to
put any questions to Lee and Son, it was over the refusal of Judge Belinda
Ang to allow the questions, so much so that Judge Belinda Ang had to
repeatedly prevent Dr. Chee and Siok Chin from conducting any meaningful
cross examination.
As most readers would know, Chee Soon Juan and Chee Siok Chin were
subsequently jailed for contempt of court, the judge having found that
they disobeyed her orders.
Nair's first charge related to an email he allegedly sent, that was
considered insulting to Belinda Ang. However, he denies sending any such
email. "I did not send to Belinda Ang or anyone else any email, as
far as this incident is concerned," he reiterated later.
After reading his prepared statement, Nair took questions from the
reporters present. At that point, I put down my camera and started taking
notes. I will provide you, by way of example, three questions the reporters posed
-–
they posed many more -- and Nair's answers, to give readers a feel of the
kinds of questions that followed.
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While I know which reporter asked what, it is not appropriate for me to
name the reporters. What I found interesting though was that it was the
younger reporters who asked the most questions.
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Reporter: "What do you hope to achieve by offering an
apology?"
Nair's reply was, "I only said if I used words somewhat more
stinging than they should have been, I apologise. Perhaps I could have
used more temperate language. I'm not apologising for the contents of my
blog." He also added that it was only gentlemanly to offer an apology
for harsh words.
Yawning Bread's observation: Which words
exactly was he apologising for? He couldn't possibly be apologising for
anything in the alleged email sent to Belinda Ang since he denies sending
it. As for words in his blog, he has not been charged for anything written
there, thus it's rather beside the point. So far, at least. But was this apology
intended to fend off a possible defamation suit over the words he used
in his blog?
One of the reporters present must have
thought so too, for a little later, he asked,
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| The indictment was under Section 228 of the
Penal Code, which says,
QUOTE:
228. Whoever intentionally offers any insult or causes any
interruption to any public servant, while such public servant is
sitting in any stage of a judicial proceeding shall be punished
with imprisonment for a term which may extend to one year, or
with fine which may extend to $5,000, or with both.
UNQUOTE
I'm no lawyer, but the one element that strikes me as
problematic is the condition "while such public servant is
sitting in any stage of a judicial proceeding". How sitting
is sitting? Must he be physically in court? What if the insult
was hurled during the evening when the case, while ongoing, was
adjourned, and the judge
himself was at the cinema? What if the insult
was over a case unrelated to the ongoing case, say six months
after the issue had been decided?
The proximal placing of the words "or causes any
interruption" seems to suggest that this section was
intended to be construed narrowly, meaning such outbursts, swear
words, snide remarks or other disruptive behaviour in court, say
from people in the public gallery, and not to shield judges and
prosecutors from criticism about the way they discharge their
duties. |
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Reporter: "Are you afraid of a defamation suit?"
Nair: "I am not afraid of any of those things. I'm a human being
and human beings must have courage. I'm not a slave."
Reporter: "Are you prepared to serve a jail term?"
Nair: "One has no choice about such things. But do I regret doing
what I did? No, not at all."

Gopalan Nair reading his
prepared statement
* * * * *
The entire press conference
took less than 45 minutes. After that, I sat chatting with Chia Ti Lik for
15- 30 minutes more, during which time, he received a call from the
prosecutor. I'm told the latter expressed some displeasure that Gopalan
Nair had gone to the media so quickly within hours of being charged.
Why would the prosecutor be unhappy? I
can only speculate. One possibility is that once Gopalan Nair has
publicised the second charge, it becomes extremely difficult for the
government to withdraw the charge without looking weak. But if the
prosecution case is not yet watertight, it puts them in a fix.
Another possibility is that by acting so
quickly, and with technology compressing lead times for stories to get
out, the government has to rush to ensure that its spin is integrated into
the media story. Nair might have been seen as trying to preempt the official statement from the
government. Then again, it may make no difference, at least not for the
local media, for editors may wait till the government's side of the story
is received..
On the right is Reuters' version of the
story about the press conference, issued before the working day was over.
That was the only report I could find this same evening.
The local media had no mention of Nair's
press conference in any of their online "latest news" or "breaking
news" sections. Channel NewsAsia's website had a brief story about
the morning court hearing, but not about the afternoon's press conference or Nair's
statement. Unfortunately, I was far from any television set in the
evening, so I couldn't monitor the TV news.
With this background, it would be interesting to see what comes
out in the Straits Times and Today on Friday, 13 June 2008. 
© Yawning Bread
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12 June 2008
Reuters
U.S. lawyer faces more charges of Singapore judge insults
Melanie Lee
SINGAPORE, June 12 (Reuters) - A U.S lawyer already facing a charge of insulting a Singapore judge was indicted on Thursday in a Singapore court for disparaging another member of the bench in an email he sent two years ago. The second charge against Gopalan Nair, a former Singaporean now based in California, said he insulted Judge Lai Siu Chiu in an email sent to her secretary around March 2006 and accusing her of bias.
It is not clear what case the judge was presiding on.
The maximum sentence for the second indictment is a fine of S$5,000 and a jail term of one year.
"The reason why (Lai) and her fellow judges punish and silence PAP critics is because judges are well paid and have comfortable lives," court documents quoted Nair's email as saying.
The PAP, or People's Action Party, is Singapore's ruling party headed by Prime Minister Lee Hsien Loong. It has dominated Singapore politics since independence.
"It is my right and it is my duty under the constitution of the Republic of Singapore and Universal Declaration of Human Rights to be able to speak free as a free man and to state what I have seen and heard. This benefits Singaporeans and the world at large," Nair, on bail, told reporters ahead of a hearing next Monday.
Nair was arrested after returning to Singapore last month to attend a three-day hearing presided over by Judge Belinda Ang to determine defamation damages to be paid by a Singapore opposition party and its leader to Prime Minister Lee and his father Lee Kuan Yew, who was Singapore's prime minister for decades.
Nair, a critic of Singapore's ruling party, stood for election in 1991 as a member of the opposition Workers' Party. He was later found guilty of contempt of court stemming from an election rally speech and ordered to pay S$21,000 in legal costs and fines.
The U.S. embassy said it was monitoring the case.
"We are consistently advocating for the freedom of expression, including the Internet," an embassy official said. (Editing by Neil Chatterjee)
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