Is our Judicial System flawed when handling cases brought up by the Ruling Party a.k.a the Singapore Government against those who opposed them ?
LKY had also lost in another legal tussle between him and Jeyaratnam, when Jeyaratnam appealed against the unlawful conviction of charges of accounting misappropriation brought against him and the Worker's Party.
LKY had challenged Jeyaratnam that if the Privy Council in UK can find the judicial process to be wrong, LKY will plead on Jeya's behalf for a Presidential pardon.
The Privy Council did find the High Court decision to be wronged, and upheld the earlier decision of the District Court Judge to be correct in initially throwing out the charges by the Singapore Government.
For his decision, the District Court Judge - Mr Michael Khoo - was demoted from the District Court, and made a Deputy Public Prosecutor in the Attorney General Chambers.
For their decision, the Privy Council was no longer made the Last Court of Appeal for the Singapore Legal Process - when it was so proudly touted in the beginning, that the Privy Council will serve as a benchmark to judge the standards of the Singapore Judiciary System.
LKY claimed that the Privy Council was wrong in making their views that included the criminal aspects of the judgment, which was not part of the scope of the review by the Privy Council - (the Privy Council had expressed that both charges against Jeyaratnam were wrong in Law, and the convictions were necessarily wrong ) .
Extract from the following referenced site:http://www.singapore-window.org/sw01/010720ai.htmFollowing his re-election in 1984, J B Jeyaretnam was charged for alleged financial impropriety related to the collection of party funds.
In 1986 he was acquitted by a District Court of all charges save one.The prosecution appealed the acquittal and the then Chief Justice allowed the appeal, with the direction that a re-trial be heard by a District Court.
At re-trial JB Jeyaretnam was found guilty and sentenced to three months in jail, which was reduced by the High Court but with the addition of a S$5000 fine. The imposition of a fine of over S$2000 resulted in the automatic disqualification of JB Jeyaretnam as a member of parliament and the conviction also triggered a Law Society hearing that resulted in him being disbarred.
JB Jeyaretnam's earlier application for the re-trial to be heard before the High Court rather than a District Court, which would have allowed any subsequent appeal to be pursued up to Singapore's then highest court, the Privy Council located in London, had been refused.
After his conviction his appeal to the Privy Council was limited to consideration of his disbarment.
In its judgement the Privy Council concluded that JB Jeyaretnam and a co-accused had been
"fined, imprisoned, and publicly disgraced for offences for which they were not guilty" and directed the Law Society to reinstate JB Jeyaretnam.
The government refused to heed the Privy Council's advice to facilitate a pardon for JB Jeyaretnam on the grounds that the criminal convictions had not been the subject of the Privy Council appeal.
JB Jeyaretnam was subsequently re-instated as a lawyer, but prevented from standing again for election until 1997, when he ran and was returned as a non-constituency member of parliament.
The Politics of Judicial Institutions in Singaporehttp://www.singapore-window.org/1028judi.htm