SDP, Chee hearing delayed
    another two weeks

  TODAY
May 13, 2008
SINGAPORE

By Derrick A Paulo


THE High Court hearing of the defamation suit against Dr Chee Soon Juan — one that has been two years in the making — did not even come close to getting off the ground yesterday, May 12.

As lengthy discussions on a number of outstanding issues took place throughout the day in the judge's chambers, it eventually became clear that Prime Minister Lee Hsien Loong and Minister Mentor Lee Kuan Yew would not be taking the stand just yet.

The two People's Action Party (PAP) leaders have agreed to be cross-examined by Dr Chee to determine damages owed for defamation. It would be the first time a PAP leader is to be quizzed in open court directly by a political opponent.

But history will still be made in two weeks' time, after Justice Belinda Ang set May 26 to 28 as the new dates for the hearing.

Legal counsel for the two leaders told reporters they had been hoping to proceed immediately, as there already have been several delays in the case.

But, the defendants — the Singapore Democratic Party, represented by lawyer M Ravi, and two of its leaders, secretary- general Dr Chee and his sister Chee Siok Chin — made three applications before the court that had to be heard first.

Chief among these was the request for Justice Ang to disqualify herself from hearing the case. The defendants are claiming bias against them — for example, on the basis that Justice Ang had awarded the Lees a summary judgment in 2006 in this same case on whether the SDP had defamed the Lees by drawing parallels between governance in the National Kidney Foundation and the Singapore Government.

But the defendants' arguments were not accepted and Justice Ang, who said it was her duty to hear all cases presented to her, will hear the case when it goes to open court.

Mr Ravi, Dr Chee and Ms Chee all presented arguments yesterday and tried to have the rest of the day's hearing held in open court "as a matter of public interest", Mr Ravi told reporters.

They wanted the Lees' application to strike out their affidavits to also be heard before the public. This was denied. Instead, this matter will be heard in chambers on May 22.

If successful, the application would mean the defendants would have to rely more heavily on the cross-examination of the Lees for their case, said Mr Ravi.

"But we were told there will be latitude to cross-examine. At least, that gave us more confidence in our case," he said after proceedings were adjourned at about 6pm.

Dr Chee told reporters he would put his comments on the SDP website, including shedding light on his third application — which was also denied — to ask for a lawyer from the human rights committee in the Malaysian Bar Council to sit in for the hearing in chambers. But there was no update as of press time.

The last time a PAP leader was cross-examined in court was in 1997, when the Queen's Counsel for Mr JB Jeyaretnam questioned then-Prime Minister Goh Chok Tong's motives for bringing a defamation suit against the opposition veteran.

Earlier that same year, then-Senior Minister Lee Kuan Yew was cross-examined by the lawyer for the wife of exiled opposition candidate Tang Liang Hong.

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