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Serious Malay Judge rules LSH counterclaim “discloses no recognised cause of action, let alone a reasonable one”.

steffychun

Alfrescian
Loyal
#1
https://www.channelnewsasia.com/new...-loong-defamation-counterclaim-trial-11342486

SINGAPORE: A High Court judge has thrown out a counterclaim by blogger Leong Sze Hian against Prime Minister Lee Hsien Loong in a defamation suit, allowing the libel suit to go to trial.

Justice Aedit Abdullah said in a written judgment issued on Tuesday (Mar 12) that Mr Leong’s counterclaim “discloses no recognised cause of action, let alone a reasonable one”.

Justice Aedit Abdullah cited a previous decision by the Court of Appeal, where the court was emphatic “that the tort of abuse of process is not recognised in Singapore law”.

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The court had ruled then that this was because “there are ample legal mechanisms within the existing rules of civil procedure that afford innocent parties adequate legal remedies in the event that there is indeed an abuse of process by the party concerned on the other side”.
“For this reason alone, it is clear that the appeal on this particular issue must fail simply because ... [the appellant’s] claim cannot even take off since the legal basis upon which it premises that claim does not exist,” the Court of Appeal had ruled.

Justice Aedit Abdullah said he did not see anything in the Court of Appeal’s judgment “which leaves room for the tort of abuse of process to be recognised as a possible control to counter the misuse of public functions or powers”.

Referring to PM Lee’s original defamation suit, the judge said the present case “involves triable issues” and that it is not conducive for the court to rule "on the question of meaning" at this stage.

He accepted that “the use of the offending words would be material” and said such context can only be ascertained at trial.

“The plaintiff has a substantial reputation as the Prime Minister of Singapore,” said the judge.

Justice Aedit Abdullah acknowledged the line of cases cited by PM Lee establishing that allegations of corruption and criminal conduct are “very grave charges” especially when made against the Prime Minister of a country, and an “attack on the very core of [his] political credo” and erode his “moral authority”.
He said he did not accept Mr Leong’s argument that subsequent Government statements debunking the Facebook post and article ensured that no damage was caused to the plaintiff’s reputation, as this “did not mean that the statements complained of lost their defamatory effect thereafter”.

The judge ruled for costs to be awarded to PM Lee for both Mr Leong’s application to strike out the defamation claim and PM Lee’s application to strike out Mr Leong’s counterclaim.

***

1) Is this the first Malay/Muslim High Court Jugdge? Signs or more Muslim people like #notmypresident in high office?

2) PM substantial reputation ah? Then what about true Singapore heroes?

3) Attack on his political credo - What credo?!

4) Moral Authority?
 

JohnTan

Alfrescian (InfP)
Generous Asset
#6
The judge ruled for costs to be awarded to PM Lee for both Mr Leong’s application to strike out the defamation claim and PM Lee’s application to strike out Mr Leong’s counterclaim.
I'm glad that the moslem judge acted professionally and fairly. It's a fair verdit. The moslem judge will gain paradise for being impartial.

The verdict of this case will also serve as a warning to oppies not to resort to lengthy litigation in order to get away with doing bad things. Oppie Leong was found instead to be abusing the judiciary system in a bid to get away scot-free after making defamatory statements.
 

meepokboy

Alfrescian
Loyal
#13
Leong Sze Hian just shot himself in his foot then. Serve him right for getting himself into this drama yet trying to play the victim card now
 

steffychun

Alfrescian
Loyal
#18
https://www.supremecourt.gov.sg/about-us/the-supreme-court-bench/justices

Justice Aedit Abdullah was appointed Judicial Commissioner in 2014 and High Court Judge on 30 September 2017.

Justice Abdullah obtained a Bachelor of Laws (First Class Honours) from the National University of Singapore (NUS) in 1994, as well as a Bachelor of Civil Law (First Class) from the University of Oxford and a Master in Public Management from NUS in 2007.

He joined the Singapore Legal Service in 2000 and began his career as a Justices’ Law Clerk. He then taught at the Faculty of Law, NUS, before re-joining the Singapore Legal Service. He has held various appointments, such as Deputy Public Prosecutor, Deputy Senior State Counsel and District Judge of the Subordinate Courts (renamed as State Courts in 2014). He was appointed Chief Prosecutor (Economic Crimes and Governance Division), and subsequently Chief Prosecutor (Criminal Justice Division) at the Attorney-General’s Chambers in 2011 and served as special counsel at the Monetary Authority of Singapore from January 2008 to June 2009. He was appointed Senior Counsel in 2012.

He is the chair and a member of various committees.



 

LordElrond

Alfrescian (InfP)
Generous Asset
#20
Just share bit bit with u. My family know his family. His dad a businessman. Mother a school teacher. No indian blood ya.
Just share bit bit with u. His family used to live in HDB maisonette in Pasir Ris. He was a humble and quiet boy in school, the only thing significant I knew was his English was very powerful and scored high. His dad wanted to take him to KL for “better prospect” but he was clear he did not need that bumiputra privilege. Would be a waste of talent to see him dragged into dirty politics.
 
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