Singapore leaders `inflicted own wounds'

A TOP British lawyer said on Thursday that Singapore Prime Minister Goh Chok Tong and predecessor Lee Kuan Yew shot themselves in the foot by releasing accusations over which they are now seeking legal damages.

George Carman also said the High Court should dismiss the case and close the curtain on such claims in Singapore.

He told the court the two leaders were responsible for the publication of police reports accusing them and nine others of criminal conspiracy and brought whatever damage resulted down on themselves.

``The real loss has been self-inflicted,'' he said. Mr Carman said their action, which Mr Goh said in testimony was taken to make clear he and People's Action Party (PAP) colleagues had nothing to hide, left them with no basis in law for suing his client, Workers' Party (WP) leader Joshua Jeyaretnam, for announcing the police reports to an election rally.

``Any damage that has been suffered by this plaintiff and the other 10 depends on the publication'' of police reports filed by WP candidate Tang Liang Hong during a December election campaign, Mr Carman said.

``The Prime Minister and the Senior Minister (Mr Lee), we know from the evidence given by Mr Goh ... released the content of the reports to the media. Of that there is absolutely no doubt,'' he said in his summation in Mr Goh's case.

``They freely consented to publish the most damaging things about themselves,'' he added.

``The law is that if you consent to a publication, you cannot sue on it.''

The only exception to that rule, Mr Carman said, was if someone had a duty to publish.

``This case in justice, fairness and in reason should be dismissed in law,'' he said.

``It is time for a court in Singapore to bring down the curtain on claims of this kind, which on fair, rational and cool analysis are not only ill-conceived, but one suspects ... orchestrated claims to inflict damages where no damage has occurred,'' Mr Carman said.

The PAP leaders accuse Mr Jeyaretnam, 71, of committing defamation by innuendo by announcing during a December election rally that Mr Tang had filed the police reports against them.

The PAP had focused on Mr Tang during the campaign for 2 January elections in which the PAP won 81 of parliament's 83 seats.

They called him an ``Anti-Christian, Chinese chauvinist'' who endangered racial harmony in mainly ethnic Chinese Singapore, which has significant Malay and Indian minorities.

The PAP leaders sued Mr Tang over police reports in which he accused them of criminal conspiracy and lying. Mr Tang fled overseas, saying his life had been threatened.

He did not return to defend himself and Mr Goh and his colleagues were awarded a record Singapore $8.08 million (US$5.65 million) in damages for defamation.

They sued Mr Jeyaretnam, alleging he endorsed Mr Tang's charges by announcing the police reports and that everyone knew what he was talking about.

Mr Jeyaretnam said he did not know the detailed contents of the reports and that he doubted ordinary Singaporeans did either.

Referring to testimony by Mr Goh that the effect of the announcement was like a Molotov cocktail, Mr Carman said: ``The idea that it was a Molotov cocktail is a piece of cheap melodrama. It flies in the face of reality and is headline grabbing.''

Mr Carman accused Mr Goh of exaggeration in his evidence. ``Mr Mr Goh exaggerated in the witness box,'' charged the libel specialist, brought in from London to defend Mr Jeyaretnam in a case being monitored by international human rights bodies.

Mr Carman said Mr Goh had testified that 1997 had been a good year for him and that his standing in the world had not been injured.

But in an earlier affidavit, Mr Goh had alleged that his ``reputation, moral authority and standing had been gravely damaged both locally and internationally'' by Mr Tang's police reports.

``Those two answers do not stand up together,'' Mr Carman said. ``This is a clear example of someone ... putting a shine on it.''

Mr Goh had also said the suits had nothing to do with Mr Jeyaretnam acting as Mr Tang's lawyer.

``Again the prime minister had perhaps forgotten when he came to give evidence how the matter was put on his behalf,'' Mr Carman said.

``As Your Honour knows, there is a very detailed, specific claim for aggravated damages and one of the heads was ... the conduct of Mr Mr Jeyaretnam in appearing for Mr Tang,'' he added.

Amnesty International is monitoring the case out of concern, it said, that Singapore may be using libel suits to suppress opposition.

The International Commission of Jurists is also attending the hearings. Singapore leaders say their use of the courts is simply to defend themselves against accusations which would undermine the integrity fundamental to their ability to rule. - Reuter