Justice And Prosecutorial Misconduct

Our legislators at all levels of government as well as the administrators of a plethora of governmental agencies have created an oppressive blanket of laws, rules and regulations designed to forcibly control the behavior of its citizens. But it takes a non-citizen to file an originating summons under Section 82A of the Legal Profession Act, which governs disciplinary proceedings against the legal service officers or non-practising solicitors.

I always thought that the Prosecutor’s main job was to gather and weigh all the evidence (both the damning and the exculpatory) before deciding whether or not to press charges. Prosecutors should be required to sign a statement that all exculpatory evidence had been provided to the defendant’s advisors. A false statement should have the same consequences as perjury.

In cases of prosecutorial and judicial misconduct in which evidence is omitted, manufactured, or misrepresented, the prosecutors and judges should face a trial of the facts and, if convicted, in addition to disbarment, serve individual mandatory sentence for perjury–period. No escape from justice–you know, the in-house exemptions and protections among the legal professionals–for the betrayers of justice.

Next step would be to extend the same requirement to investigating police. Failure to provide possible exculpatory info to the prosecutors would be malfeasance and a firing offense.

So is it hopeless? Well, if our politicians had the intelligence and honesty to recognize and take the action which undoubtedly would reign in official cover-ups, lies and brutality — i.e., a zero-tolerance policy. In other words, those who do not hold justice and decency (towards EVERYONE) above “winning,” would be gone. Faith in the system is the bedrock. Without it, our system is drained of its inviolable authority.






24 Responses to “Justice And Prosecutorial Misconduct”

  • Harder Truths:

    Don’t believe this wayang about democracy. All for show. What the regime wants it gets. Everything will be covered up one way or another. Isn’t Communism wonderful?

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  • oxygen:

    BRILLIANT writing. Who watches the watchdogs is exactly the point. Pretended ignorance or real incompetence needs to be wiped out.

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  • Irene Vanessa Wan Si Hung:

    It would seem that the maid is fortunate. There are NGOs and pro bono lawyer who are willing to help. I wonder if the same happened to a local, whould it be the same?

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  • Doubling down:

    Straits Times: AGC seeks to be heard at ex-maid Parti Liyani’s complaint hearing over alleged misconduct by 2 legal service officers

    The “system” tried to protect one of the “PAP” (Power And Privilege) members but failed because of an honest judge. Now it is doubling down trying to protect the two legal officers who did the “dirty work”.

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  • Billy ma:

    PAP said that paying huge salaries to ministers & top civil servants will prevent corruption.

    How many really believe there’s no corruption in the civil service top echelon?
    What about the ministers?
    None? Nothing?

    You decide.

    Paying $$millions also means these PAP ministers & top civil servants are totally loyal to PAP, yes PAP & not to the country.

    It also means these top civil servants will do whatever it takes to protect the wellbeing of PAP so that their own career would be secured & also very bright.

    Maybe this loyalty will also benefit their children career too.

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  • MarBowling:

    Clear as the Blue Sky in SinKapore that the AGC under the armpits of Lucy Wong is NOT only Smelly but also in a blady mess since he took over the post from his predecessor who is NOT only competent but also YOUNGER than this old coot! Period. As an ex-personal lawyer of his Former Boss, Lucy knows only HOW to polish apple KILAT KILAT and do personal stuffs for his ex-boss. He knows NUTS about how to RUN AGC!

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  • TUMASIK Patriot:

    The Lady with the Scale has loose Blindfold lah!!! and the LEEgal system is filled with sparrows instead of Legal Eagles

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  • Boh Chee = Human Nature:

    Of course foreigner easier . Win or lose , just return back home country. After that the most dont return here and work in malaysia , taiwan or HK or other countries.

    Singaporean still residing here. Like Roy N has displayed.

    Then many ” scare shitless ” here , blown their top furiously emphasizing LML or family must be charged. If so angry , why not 替天行道 ?

    Cannot blame, boh chee = human nature.

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  • Halimah Totally USELESS:

    The System is already corrupted on the day the judgement says that ” Being in a Polling Station is not within 200m of a Polling Station”.

    And making the remark that ” going to Little India is very dark in the middle of the day ” is not a Racist remark.

    And how is the ED supposed to be impartial and non political when it falls under the PM Loony’s office ???

    Singapore does not belong to the PAP, period.

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  • My $8 heart bypass:

    When you have the Liews and the Prosecutor’s father being buddies, you know which way the wind blows.

    It’s downright corrupt to the core, a great miscarriage and travesity of justice.

    The Prosecutors and the Police have to be investigated for their roles openly and we are still waiting to see what action to be taken against the Liew family for crimes.

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  • xoxo:

    There is no justice here , only ju$tice as KING $ does all the talking.
    When KING $ says its right, then it must be right.
    When KING $ says its wrong,then it is wrong.


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  • Harder Truths:

    Why do a majority of people still believe there is a rule of law and that $G is set up as a democracy? It never ceases to amaze me.

    ‘Project 1965′ was about converting real democracy into totalitarianism.

    The legal system means nothing when the law and government are one singular entity. One supports and reinforces the other. Right and wrong have no meaning, only for and against.

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  • Justice is for all upon all:

    “On matters beyond his ken a gentleman speaks with caution. If names (concepts) are not right, words are misused. When words are misused, affairs go wrong. When affairs go wrong, courtesy and music wither, while law and justice fail.

    And when law and justice fail them, a people can move neither hand nor foot. So a gentleman must be ready to put names (right concepts) into his speech, to turn words into deeds. A gentleman is never careless with words.

    For beneficence return beneficence; as for malice return it with justice without any element of revenge.

    Justice is for all on the earth.”

    - Confucius the Sage -

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  • Soccerbetting2:

    Reported on Straits Times :Quote -”SINGAPORE – A 14-year-old Singaporean girl was among 162 suspected drug offenders nabbed by Central Narcotics Bureau (CNB) officers.

    The islandwide operation, which included raids in Jurong West, Bukit Panjang, Paya Lebar, Balestier and Tampines, ran from Sept 14 until Friday (Sept 25).

    A total of 870g of heroin, 586g of methamphetamine or Ice, 176g of ketamine, 47g of new psychoactive substances, 322 Ecstasy tablets, 203 Erimin-5 tablets and 13 bottles containing GHB (gamma-hydroxybutyrate) were seized. The drugs are worth an estimated $260,500.

    No details were given surrounding the arrest of the girl.

    CNB officers raided two hotel rooms in Beach Road on Thursday (Sept 24) and arrested five Singaporeans – four men and one woman aged between 34 and 56.

    One of those arrested was a 35-year-old man who had his 12-year-old son with him in the room, where drugs were displayed openly.

    The boy’s 36-year-old mother was also arrested during the raid for suspected drug offences.

    The boy was placed in the safe custody of a close family member, the CNB said on Friday.

    The drugs seized in the Beach Road raid included 122 packets containing 858g of heroin, 71 packets containing 133g of Ice, 104 Ecstasy tablets and one Erimin-5 tablet.

    A karambit knife was also recovered from one of the hotel rooms along with various drug paraphernalia.

    A raid was also conducted on Sept 14 in Eng Hoon Street that resulted in the arrest of two Singaporeans – a 38-year-old man and a 30-year-old woman.

    More than 4kg of heroin was found in a toilet bowl and other spots in a Bukit Batok Housing Board flat on Sept 21, 2020.
    Related Story
    Heroin found in toilet bowl among $700,000 worth of drugs seized in CNB raids

    More drugs were found after the man was taken to his unit nearby, where officers arrested the woman.

    A search of the unit yielded 55 packets containing 322g of Ice, 51 packets with 148g of ketamine, 31 packets containing 185 Ecstasy tablets, 88 Erimin-5 tablets and a packet containing about 11g of powdered mixture, believed to contain a mix of Ice and Ecstasy.

    Cash amounting to $20,000….

    Investigations of all suspects are under way.”Unquote .

    Response : There is so many cases of women caught involved in drug activities .Because of the failure of the Minister of Law to set hatsher law to deal with women who are caught involved with drugs ,that is why there are so many more women that come up to be involved with drugs as this is easy money for them and the law will not cane them,nor hang them and at most let them off to jail for a couple of weeks mostly without publish their name or photo.So because Kasisbiswanathan Shanmugam and Iswaran are failures in punishment for women and security ,that is why there is still so many drug offenders ,right ? If law is strict and really hang some of these women drug traffickers who are may be leaders of the drug ring ,only then fear will strike

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  • BK:

    Thank you @SojoüRner. PAP seems amazed when they are accused of elitism. It is perhaps because it is subtle. The pleasantries mask the arrogance, even nonchalance of a belief in ‘natural aristocrats’.

    And in this belief, they actually equate Spore’s well being as their own. If to be patriotic is to protect Spore, then protecting themselves is protecting Spore, it is patriotic. In this equation, nothing is off the table.

    This is a continuous fight regardless of who is in power.

    As George Yeo said:

    In the old days you’re protected by ritual, by hypocrisy, sometimes by ignorance. Today it’s no longer possible. If a picture is too perfect, you know it can’t be real.”

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  • pap island of 3.5m citizens:

    Doubling down:
    Straits Times: AGC seeks to be heard at ex-maid Parti Liyani’s complaint hearing over alleged misconduct by 2 legal service officers

    The “system” tried to protect one of the “PAP” (Power And Privilege) members but failed because of an honest judge. Now it is doubling down trying to protect the two legal officers who did the “dirty work”.

    bro, a small correction.

    as everyone knows, nothing in pap island moves without S$m. the more the tricky acts, the higher the S$m.

    so the 2 legal officers did not just do dirty work, the 2 of them were downright enriching themselves in the process.

    as pap gracefool famously said, they need S$m to maintain their standard of living.

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  • SojoüRner:

    @BK (greetings: oxygen, TUMASIK Patriot, et al)

    It’s always difficult to talk about the fabric of “elitism” which is a complex weave. “Elitist” is one of those vague epithets that applies to both good and bad attitudes.

    In fact I think that the real problem is ‘aristocracy’ which is more subtle than elitism, and probably has no solution. The aristocrats of today, may *hire* so-called meritocrats. Those hired “meritocrats”, are totally co-opted. ‘Natural aristocracies’ are never good, ‘hereditary’ aristocracies least of all. Thailand is now gripping with that problem. So will be UK.

    The oldest and longest-established ‘meritocracy’ was Confucian China, where a system of examinations designed to screen entry into the elite civil service was fully developed by the Tang Dynasty (618-906 CE). In essence, this meant that the country’s destiny was in the hands of men whose primary aptitude was learning the Confucian classics and their ‘interpretations’ by rote and reproducing them on tests – not much different from Singapore’s present-day elite students at top schools with Integrated Programme(IP).

    China’s history was rather stable, but the ‘mandarins’ could not prevent the Middle Kingdom from being conquered and occupied by the Mongols, the Manchus and the Western powers. Elite values taught the great majority of mandarins to think inside the box, never daring to leave it. The result was cultural stagnation, especially during the late Ming and Qing Dynasties, and an inability to deal forcefully with the real world.

    Fortunately for China, its population included a huge number of non-elite peasants, craftsmen, shopkeepers, soldiers, and others with the flexibility and hunger to think outside the box. It was they – not the outdated and irrelevant mandarins – who saved China from foreign occupation.

    So it’s quite evident from history, Singapore should not go down that road.

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  • Soccerbetting2:

    Reported on Straits Times :Quote -”Hin Leong founder served with 2nd abetment of forgery charge

    A frail-looking Lim Oon Kuin, better known as O.K. Lim, who came to court yesterday with the help of two women, one of whom is a family member, had the new charge of abetment of forgery read to him in Mandarin outside the courtroom (above). Three companies linked to his family are under interim judicial management.ST PHOTOS: WONG KWAI CHOW
    O.K. Lim not allowed into court owing to respiratory problem; prosecution says he may face extra charges
    Grace LeongBusiness Correspondent
    In an unusual sight yesterday, embattled oil tycoon Lim Oon Kuin was charged outside a courtroom for an additional count of abetment of forgery for the purpose of cheating.

    The 78-year-old founder of Hin Leong Trading – better known as O.K. Lim, – was hit with a second charge. It had to be read to a frail-looking Lim in Mandarin outside the State Courts because he was not allowed into the court due to a respiratory problem. On his way to court earlier, Lim had to be supported by two women, one of whom is a family member.

    His $3 million court bail was extended yesterday……

    In charge sheets filed in the State Courts yesterday, Lim was accused of instigating Mr Freddy Tan Jie Ren, a contracts executive of Hin Leong, to forge an e-mail purportedly sent by Hin Leong to China Aviation Oil (Singapore) Corporation on Feb 26 relating to a sale.

    Lim is accused of instructing Mr Tan to make the e-mail with the subject header “CAO – Sale of gasoil 10PPM sulphur”.

    The e-mail, along with a forged inter-tank transfer certificate mentioned in the first charge brought against Lim last month, was intended to be used to secure more than US$56 million in trade financing, the police said.

    The first charge alleged that Lim had instigated Mr Tan to make an inter-tank transfer certificate using the letterhead of UT Singapore Services.

    The document stated that Hin Leong transferred 1.05 million barrels of gasoil to China Aviation Oil on March 18.

    It was then allegedly used to secure the trade financing, the police said.

    Abetment of forgery for the purpose of cheating carries a jail term of up to 10 years and a fine.

    Deputy Public Prosecutor Navin Naidu told the court yesterday that it is possible that additional charges could be brought against Lim.

    The next mention in court will be on Nov 23 at 3pm….”Unquote .

    Response : According to ,this second forgery charge is a mandatory jail term for Lim OK .How come Lim OK owe so many billions,technically a bankrupt to be, still can afford expensive lawyer to fight his cases ? Reports says con people judicial management maybe still allow him to have $75 millions assets to keep ? Rich bankrupt to be no need to sell all private assets to pay debts and buy hdb to stay meh or rent hdb meh ? Pui to such rich man rights law ? Why his son and daughter also directors no need bankrupt ?

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  • oxygen:

    PARTICULAR GREETINGS and profound thanks to @BK & @ SojouRner in this conversation.

    And yes, elitism is hard to define – almost like if I were to ask a spider this question – how did you weave a such a beautiful cobweb of deceit?

    The answer that must come back must be this – I DON’T KNOW!

    “Natural aristocracy” in LEE-jiapore, is, I submit, PAPpypolitics derogatory catcalls of a political rat on peasantry and hidden in that a derogatory rat on law.

    The political culture weave a beautiful cobweb of aristocracy claiming of natural imagined birth rights or inheritances of cultivated wealth as being “natural” (and presumably sustaining and… in perpetuity too??). Outside this exclusion of entitlement, the rest is reminded constantly as “lesser mortals”, “know-your-place” in society, “Ah Seng” “Sia Suay” even “Si-Kwee-Kia” piled on by the jamban-pouring self-caricature aristocrats. It is political and law implied over-ride on the “peasants”. You DON’T SEE this in political culture and landscape in other democracies. Neither Marcos, Surkarno, Mahathir, Mao, Shah Pavlavi, Gandhi, Tatcher, Merkel, Rudd or Howard, not even Trump elevate themselves on such high pedestal. Only in LEE-jiapore the division derogates peasants to the excrement class to fertilize wealthy harvest for the aristocrats and in mercy of their abuse. In Ah Tiongs land, members of communists party can’t be legally punished for crime UNTIL AND UNLESS THEY ARE STRIPPED OF POLITICAL MEMBERSHIP PRIOR, The rests of the peasants, DIFFERENT TREATMENT APPLY.

    Xi Jin Ping’s China is a BLUNT culture of the western (democratic???) derogation of what the law calls “FRAUD IN EQUITY” MORE SUBTLY in use in some places

    It is akin to “equitable fraud”

    :The Supreme Court of Canada’s description of equitable fraud suggests that transactions that offend the court’s moral compass as being unconscionable may be set aside even in the absence of deceit or a special relationship between the parties

    in reference to

    See paragraph 48 of McMaster University v. Wilchar Construction Ltd., 1971 CarswellOnt 775, (1971) 3 O.R. 801, 22 D.L.R. (3d) 9,

    It is not necessary to prove “dishonesty” of the offending party but merely the OUTCOME offends THE COURT’S MORAL COMPASS.

    In Xi Chi Ping “unnatural aristocracy” of Communist Party membership PROTECTION, there is NO MORAL COMPASS until the “Communist Party” finds it convenient to apply one.

    Otherwise “aristocracy” – natural or unnatural , explicit or unspoken – “NATURALLY” APPLY akin to “equitable fraud” and no relief (in compensation) to the injured party.

    JUST DECLARING THAT “justice is served” – the OPPOSITE OF TRUTH – supply the “satisfaction” of flawed law application.

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  • oxygen:

    EXTENDING FURTHER from the above, Australia used to have this common law application of Briginshaw v Briginshaw – a 1938 High Court landmark decision.


    In this law application – IT IS “WHO” is the defendant or in the witness box on the side of the prosecution THAT DECIDES THE OUTCOME of the case. Not the veracity of evidence presented by the defendant THAT MATTERS.

    In Briginshaw v Briginshaw, it is Mrs.Briginshaw’s victory in that proceeding – the judge ruled that her STATUS as a woman and married to Mr. Briginshaw meant that she must be protected of advantaged outcome.

    In criminal law, THE STATE (either the Office of Public Prosecution or law enforcement institution) is the prosecution, the “victim” of crime is just the “witness” in proceeding testifying for the prosecution. The “witness” can tell any cock-and-bull story, the prosecution knows and KEEPS SILENT.

    AND ONCE THE JUDGE in a lower court “believes” in the narrative of the “witness”, IT SUBTLY SHIFTS THE BURDEN OF PROOF of innocence to the defendant WHEN IN CRIMINAL LAW PROCEEDING, IT MUST BE THE BURDEN OF PROOF OF THE PROSECUTION that prove the GUILT in the defendant beyond reasonable doubt to arrive at a conviction.

    For example, courtroom tends to believe in the testimony of abused children because children are believed not to be engaged in lies telling – they are said to “be telling things as it was of happening”.

    A smart prosecutor will place the kid at the front of the witnesses – once the judge believes the “kid’s story”, the burden is shifted to the defendant to prove his “innocence”.

    I recall such a case in a Canadian courtroom case that WAS OVERTURNED IN THE SUPREME COURT AND A RE-TRIAL WAS ORDERED.

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  • oxygen:

    @ BK and @ SojouRner

    My reference to the Canadian Supreme Court case of a child abuse case overturned is here.

    oxygen: I recall such a case in a Canadian courtroom case that WAS OVERTURNED IN THE SUPREME COURT AND A RE-TRIAL WAS ORDERED.

    The Supreme Court of Canada, made these poignant observations in arriving at their decision.

    Supreme Court of Canada : C.L.Y. was a teenager charged with three counts of sexual assault. The charges arose out of allegations of inappropriate touching when he was babysitting a girl who was at the time between six and eight years old. The trial judge rejected C.L.Y.’s evidence and convicted him of two counts of sexual assault. He was acquitted of the third charge.

    The convictions were upheld by the Court of Appeal. The majority of the court rejected C.L.Y.’s argument that the trial judge, by considering the evidence of the girl first, had shifted the burden of proof.

    The dissenting judge concluded that the trial judge’s acceptance of the complainant’s evidence before even considering that of C.L.Y. resulted in at least a subtle shift of the onus of proof.

    Held: The appeal should be allowed.

    ………..The flaw in this case which does lead to concerns about the fairness of the trial relates to fundamental misapprehensions and mischaracterizations of the evidence leading to the convictions.

    In view of the record of this case, it is clear that the trial judge’s bases for disbelieving C.L.Y. rested on misapprehensions of his evidence and played a critical role in the convictions, rendering them insupportable. In the circumstances, the convictions should be quashed and a new trial ordered

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  • Soccerbetting2:

    Reported on Straits Times :Quote -”SINGAPORE – The Commercial Affairs Department has launched an investigation into mainboard-listed investment holding company New Silkroutes Group over a possible offence under the Securities and Futures Act of Singapore.

    New Silkroutes was asked on Sept 24 by the CAD and the Monetary Authority of Singapore to provide certain information and documents for the probe, Dr Goh Jin Hian, New Silkroutes’ chief executive and executive director, told the Singapore Exchange on Friday night (Sept 27).

    One of the company’s directors and certain senior management and former management executives are also assisting with the CAD’s probe, he added.

    On Sunday evening, a separate SGX filing disclosed that Mr Kelvyn Oo Cheong Kwan, a former chief corporate officer and executive director who had been responsible for New Silkroutes’ corporate development, compliance and regulatory functions, is assisting with the CAD probe.

    Mr Oo resigned from New Silkroutes on Aug 1 to “pursue personal interest and other opportunities”.

    Teho told SGX on Sunday that Mr Oo, who is now an independent director with Teho International, has informed the Catalist-listed oil and gas-related company of his assistance in the investigations…

    The Teho board said this matter is “not related to the company or the group, and… does not affect their business and operations.”

    “As at the date of this announcement, the board is of the view that Mr Oo’s assistance in the investigation does not compromise (his) performance of his duties professionally as an independent director,” Teho said.

    Dr Goh, who is the son of former prime minister Goh Chok Tong, was appointed New Silkroutes chief executive in July 2015 but is due to retire from this position on Oct 1, as announced in July this year. It was also announced then that he would take over as company chairman upon the retirement of Mr Pao Kiew Tee on Aug 1.

    The current board includes executive director Mr Shen Yuyun, and non-independent non-executive director, Dr Andrew Chua Soon Kian. The three independent non-executive directors are Mrs Vivien Chen Chou Mei Mei, Mr Chua Siong Kiat and Mr Darrell Lim Chee Lek….

    Dr Goh said in Friday’s filing that Silkroutes’ business and operations have not been affected and will continue as usual. The investigation will also “not affect the management of the group in the discharge of their respective roles and functions.”…

    New Silkroutes will provide full cooperation to the CAD and the MAS and will provide updates on significant developments, he said.

    The Straits Times understands that the CAD probe is not related to a separate matter involving possible legal action against Dr Goh for alleged breaches of his director’s duties at a marine fuels supplier …”Unquote .

    Response : Some evil rich beast woman like to use the word “peanuts” for huge sum of money .These must be “peanuts” cases for this e***b*** bastxrd.

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  • Realistically:

    Once again, my comments about the travesty of justice meted out on Parti Liyani by District Judge Olivia Low is not seeing the light of the day.

    I did NOT save my earlier comments, even as I said I was not commenting on the article.

    However I would like to draw readers’ attention to the commentary by Assoc Professor Eugene Tan of the Singapore Management University Law Faculty who used the term ‘TRAVESTY OF JUSTICE’ found in the TODAY Online Newspaper at this link:

    Quote: “The case of Parti Liyani versus Public Prosecutor has generated much public interest and has naturally evoked strong reactions. It is a poignant story of how the justice system initially failed before recovering to prevent a travesty of justice.” Unquote: 1st paragraph.

    I have previously posted section 16 of the Administration of Justice (Protection) Act which deals with judicial ‘MISCONDUCT’ and had also posted the definition of ‘misconduct’, but Parti’s lawyer had deemed it fit to file an OS under the Legal Profession Act, which incidentally does NOT define what ‘misconduct’ is on the part of the 2 DPPs who prosecuted Liyani’s case.

    In today’s – 28 September 2020 – Straits Times Harpreet Singh Nehal who is a Senior Counsel and managing partner of Audent Chambers LLC also expressed his concerns as to the prosecution of Liyani’s case in respect also of the conduct of the 2 DPPs and of the District Judge Olivia Low.

    What is especially troubling and of concern is that Olivia Low immediately returned to the Attorney-General’s Chambers to “assume her appointment as Deputy Senior State Counsel at the AGC’s civil division.”

    How could this not be a conflict of interest case?

    Sinkies can continue with their RANTS and WHINING as they have done for the last umpteenth year from around mid-1985 following the arrests of those so-called “MARXIST CONSPIRACTORS” – surely a trump up charge never proven – with very effect on the emperor without clothes and his father………….and sinkies would continue to bear the brunt of his failures and abuse of power, rather than work together, UNITED in the common aim of exposing his failures, stupidities, incompetence etc.

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  • Jman:

    Public sentiment has completely boiled over in response to this case.

    The Govt and the AG had better think carefully how they handle this. Because their credibility is at stake. And all these claims of a first rate judiciary, fair and impartial, now the AG Chambers and the Judiciary will face its moment of truth.

    Exactly how fair and how impartial, now that these shenanigans have come to light?

    Try to whitewash some parts of this, and people are going to punish the PAP at the next elections.

    To begin with, there is already a large swathe of people who are sceptical of the system in the first place. Any half baked inquiry is just going to lend credence to these suspicions.

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