Blogger-PM case will be heard in court

Hasbro · May 29, 2014

Updated: 05/29/2014 12:35 | By Channel NewsAsia

Blogger-PM case will be heard in court

SINGAPORE: The Court will determine if blogger Roy Ngerng has defamed Prime Minister Lee Hsien Loong, and assess damages to be awarded if necessary.

In a letter sent to Mr Ngerng's lawyers on Thursday (May 29), Mr Lee's lawyer Senior Counsel Davinder Singh wrote: "Our client will invite the Court to have regard to this malicious conduct when assessing aggravated damages."

Mr Singh also clarified that Mr Lee "has never once said that (Mr Ngerng) is to remove his posts", other than those specifically identified in previous legal letters. "Despite that, your client has in your letter dated May 28, 2014 sought to give the false impression that our client is seeking to prevent him from expressing his views on the CPF or from exercising his constitutional rights."

Added the Drew & Napier lawyer: "That disingenuous suggestion was made in a letter which your client intended to make public, to bolster his standing and in aid of his continuing public campaign against (Mr Lee)."

Mr Ngerng had offered S$5,000 damages for the posts and videos published on his blog "the Heart Truths", a sum Mr Lee's lawyers called "derisory" and completely disregarding the gravity of the blogger's "calculated and systematic aggravation". - CNA/es

Hasbro · May 30, 2014

PM Lee commences suit against blogger Roy Ngerng

Published on May 29, 2014 1:05 PM

Mr Roy Ngerng, a blogger, speaking at the Labour Day protest at Hong Lim Park on May 1, 2014. -- PHOTO: ST FILE

By Nur Asyiqin Mohamad Salleh

SINGAPORE - Prime Minister Lee Hsien Loong has commenced proceedings on a defamation suit against blogger Roy Ngerng, who in a May 15 blog post alleged that Mr Lee had misappropriated CPF savings.

In the latest letter sent on Thursday, the Prime Minister's lawyer, Senior Counsel Davinder Singh also responded to a lawyer’s letter sent by Mr Ngerng on Wednesday.

Mr Ngerng's lawyer M. Ravi wrote that although Mr Ngerng promised not to “aggravate the injury and distress” to Mr Lee through “similar other posts”, this should not be understood as a curtailment of Mr Ngerng’s “right to his freedom of expression to write or engage the public on the CPF issue and raise any matters relating to CPF that requires transparency and accessibility to the public”.

Mr Singh’s response in Thursday’s letter was that Mr Lee “has never once said” that Mr Ngerng is to remove his posts, including those on the CPF, other than those specifically identified in Mr Lee’s letters, and Mr Ngerng knew that.

Get the full story from The Straits Times.

Yazoo · May 30, 2014

Singapore PM launches defamation suit against blogger

AFP
May 30, 2014, 2:31 am

Singapore (AFP) - Prime Minister Lee Hsien Loong on Thursday filed a defamation suit against a blogger who accused him of misusing public funds, setting the stage for the first court case of its kind in Singapore.

Lee's lawyer Davinder Singh told the High Court that a May 15 post by Roy Ngerng Yi Ling, a 33-year-old government health worker, contained statements that alleged "criminal misappropriation" by the premier.

Lee had earlier rejected an apology and compensation offer from Ngerng, who writes a blog called "The Heart Truths" which had more than 3,300 followers soon after the lawsuit was filed.

In general, civil suits are launched in the Singapore High Court when the value of claims is above Sg$250,000 ($199,000), according to guidelines posted on a government website. The court will have the final say on the amount to be awarded.

Ngerng, who has publicly vowed not to be silenced, is the first blogger taken to court for defamation by a political leader in Singapore.

"The offending words and images, in their natural and ordinary meaning, meant and were understood to mean that the plaintiff, the Prime Minister of Singapore and Chairman of GIC, is guilty of criminal misappropriation of the monies paid by Singaporeans to the Central Provident Fund (CPF)," lawyer Singh wrote in a court filing.

GIC is a sovereign wealth fund that manages more than $100 billion of the city-state's foreign reserves. CPF is the state pension fund.

Lee had been "brought into public scandal, odium and contempt" and his character and reputation had been "gravely injured" by the accusations, Singh added.

Ngerng has previously said the article was meant to call for greater transparency on how the pension fund is handled.

- 'Calculated and cynical' -

On Tuesday, he offered Lee Sg$5,000 as compensation but Lee immediately dismissed it as "derisory" and said Ngerng's earlier apology was "not and never meant to be genuine".

Lee also took offence at subsequent actions by Ngerng, including posting a YouTube video about his legal predicament and sending emails to the media that included alternative links to posts that allegedly carried "offending posts".

In the filing, lawyer Singh described Ngerng's conduct as "calculated and cynical," adding that he acted to "use the libels to promote himself and cause further distress and injury" to Lee.

Singh said Lee was claiming damages, legal costs, and an injunction to stop Ngerng from further defaming Lee, but did not give financial details.

"I will be leaving it to my lawyer M.Ravi to deal with the latest development and the relevant legal procedures," Ngerng told AFP after the court filing.

A pre-trial conference has been set for July 4.

Singapore's local media is tightly controlled, leaving independent bloggers as the strongest critics of the long-ruling People's Action Party (PAP).

Prominent Singaporean activist Alex Au last year apologised to Lee and removed a post after receiving a notice from Singh. Lee did not pursue damages against Au.

Media firms like Bloomberg, The Economist and Financial Times have previously paid damages and apologised to Singapore leaders including Lee and his father, former prime minister Lee Kuan Yew, for publishing articles found to be defamatory.

International human rights groups have accused Singapore leaders of using financially ruinous libel actions to silence critics and political opponents.

But the Lees and other key leaders of the PAP have countered that the lawsuits are necessary to protect their reputations from unfounded attacks.

Hasbro · Jun 11, 2014

Singapore blogger sued by PM for libel fired from job

AFP
June 10, 2014, 10:27 pm

Singapore (AFP) - A Singaporean blogger sued by Prime Minister Lee Hsien Loong for libel has been fired from his job as a healthcare worker for "improper public conduct", his employer said Tuesday.

The government-run Tan Tock Seng Hospital said that Roy Ngerng Yi Ling, 33, was dismissed with immediate effect from his job as a patient coordinator for "misusing working time, hospital computers and facilities for personal pursuits".

Lee sued Ngerng for damages last month after the blogger accused him of corruption, a sensitive issue for officials in the city-state that guards closely its reputation as among the world's least corrupt nations.

Ngerng's employer said in a statement that "neglect of duty and his improper public conduct have compromised his work performance".

The offending blog post of May 15 suggested that the prime minister who is also the chairman of state investment fund GIC, had misappropriated cash from the state pension fund, Lee's lawyer Davinder Singh said.

Ngerng, who regularly posts social commentary on his blog "The Heart Truths", said politics was behind his removal.

"I had wanted to give my employers the benefit of the doubt, but the truth of the matter is that my sacking is politically motivated," he told AFP.

Lee filed the defamation suit -- the first ever brought by a Singapore leader against an online critic in the Singapore High Court, where the typical minimum value of damages claims is Sg$250,000 ($200,000).

Lee had earlier rejected an apology and dismissed as "derisory" a compensation offer of Sg$5,000 from Ngerng. The court will have the final say on the amount to be awarded.

A rally in downtown Singapore on Saturday organised by Ngerng and other bloggers demanding reforms in the state-run pension fund attracted over 2,000 Singaporeans.

The protesters claimed that the government -- through GIC and Temasek Holdings -- utilises the pension fund to invest in various assets worldwide, but that the interest rate it gives to contributors is much lower than what it earns on the investments.

The government denies the allegations.

Local media in Singapore is tightly controlled, leaving amateur bloggers as the strongest critics of the long-ruling People's Action Party.

Media firms like Bloomberg, The Economist and the Financial Times have previously paid damages and apologised to Singapore leaders including Lee and his father, former prime minister Lee Kuan Yew, for publishing articles found to be defamatory.

International human rights groups have accused Singapore leaders of using financially ruinous libel actions to silence critics and political opponents.

The Lees and other ruling party leaders say the lawsuits are necessary to protect their reputations from unfounded attacks.

Sinkie · Jun 11, 2014

Will it be heard in chambers and any gag order to be issued?

winnipegjets · Jun 11, 2014

If LHL did not intend for Roy to remove his posts, then state so. Why say it now, after the fact, after so many weeks.

Lots of garbage is being thrown around by LHL and his lawyer to confuse the people.

Let's focus on the issue which is Roy pointed out how sinkees are being screwed by the PAP government on their CPF.

Cipher · Nov 8, 2014

Blogger Roy Ngerng found to have defamed PM Lee

Published on Nov 7, 2014 4:05 PM

Blogger Roy Ngerng has been found guilty of defaming Prime Minister Lee Hsien Loong in a blog post comparing the Prime Minister to City Harvest Church leaders. -- ST PHOTO: KUA CHEE SIONG

By Tham Yuen-C

SINGAPORE - Blogger Roy Ngerng was found to have defamed Prime Minister Lee Hsien Loong in a blog post comparing the Prime Minister to City Harvest Church leaders.

In a judgement released on Friday, High Court judge Lee Seiu Kin found that a reasonable ordinary person would have associated Mr Lee with criminal misappropriation after reading Mr Ngerng's May 15 blog post.

In the post, Mr Ngerng had compared Mr Lee to City Harvest Church leaders being prosecuted for allegedly misusing $50 million of church funds.

He had juxtaposed a chart detailing the relationship among the church leaders involved in the criminal case to another chart that he had created, which set out the relationships between the Central Provident Fund, Mr Lee, the Monetary Authority of Singapore, Temasek Holdings, GIC and other Singapore companies.

In awarding summary judgement in Mr Lee's favour, the judge also said that damages would be assessed later.

In the meantime, Mr Ngerng has been ordered to stop publishing any allegations of Mr Lee having misappropriated the Central Provident Fund savings of Singaporeans.

But the blogger "remained free to exercise his right to freedom of speech under Article 14 of the Constitution", except for repeating this particular allegation, said the judge in a written decision.

Hasbro · Nov 8, 2014

Singapore PM Lee Hsien Loong wins defamation case against blogger

PUBLISHED : Saturday, 08 November, 2014, 3:25am
UPDATED : Saturday, 08 November, 2014, 3:25am

Agence France-Presse in Singapore

After being sued by Lee, Roy Ngerng was fired from his government hospital job for administrative reasons.

Singapore's High Court ruled yesterday that an activist defamed Prime Minister Lee Hsien Loong by accusing him in a blog of misappropriating state pension funds.

In the first such ruling in the city-state over a purely online article, a judge issued a summary judgment against Roy Ngerng, a 33-year-old former government employee.

Ngerng, who writes a blog called Heart Truths, was seeking trial to defend himself but High Court Judge Lee Seiu Kin ruled there was "no triable defence against the plaintiff's claim".

"There is no doubt that it is defamatory to suggest that the plaintiff is guilty of criminal misappropriation," the judge said in a written ruling.

Damages will be set at a later date generally such civil suits are launched in the High Court when the value of claims is above S$250,000 (HK$1.5 million).

Ngerng has already admitted his May 15 blog accusing the prime minister, who is also chairman of state investment fund GIC, of misusing the Central Provident Fund (CPF) was false and without foundation.

He offered S$5,000 as compensation to Lee, who rejected the amount.

GIC is a sovereign wealth fund that manages more than US$100 billion of the city-state's foreign reserves. The CPF is the state pension scheme that pools Singaporeans' retirement money.

After being sued by Lee, Ngerng, who has also led public protests over the CPF issue, was fired from his government hospital job for administrative reasons which he did not contest.

In June, he successfully raised more than S$112,000 through crowdfunding in order to fight the case, with more than 4,000 people contributing cash. "I am currently deliberating with my lawyer M.Ravi on the next course of action," Ngerng said after the judgment was released.

"I am disappointed as I have never intended to defame the prime minister. I will still continue to speak up on the CPF and other issues that concern Singaporeans," he added.

He is currently facing two criminal charges for staging an illegal march calling for greater transparency in how CPF assets are invested.

Singapore has consistently ranked high in surveys as one of the world's least corrupt countries, but rights groups say its leaders have used financially ruinous defamation suits to silence critics and opponents.

International media firms as well as local opposition figures have previously paid damages and apologised to Singapore leaders including Lee, 62, and his father, former prime minister Lee Kuan Yew, 91, for articles found to be defamatory.

Hasbro · Jan 13, 2015

High Court orders Roy Ngerng to pay PM Lee $29,000 in costs for defamation suit

Published on Jan 12, 2015 7:31 PM

Blogger Roy Ngerng at the "Return Our CPF!" protest in Hong Lim Park on June 7, 2014. He has been ordered by the High Court to pay Prime Minister Lee Hsien Loong $29,000 in costs for the defamation suit. -- PHOTO: ST FILE

SINGAPORE - Blogger Roy Ngerng, who was found to have defamed Prime Minister Lee Hsien Loong, was on Monday ordered by the High Court to pay Mr Lee $29,000.

This amount is for the legal fees and related expenses incurred up to the conclusion of the application for summary judgment, Mr Lee's press secretary Chang Li Lin told media.

Justice Lee Seiu Kin had in November issued a summary judgment that Ngerng had defamed Mr Lee, by suggesting the prime minister had misappropriated Central Provident Fund savings.

A summary judgment means the court makes a ruling without the case going to trial, as it agrees with the applicant that the defence arguments are baseless.

Ms Chang said the dates for the subsequent hearings - which will determine the amount of damages payable to Mr Lee - are not confirmed.

She added that Mr Ngerng's lawyer indicated at the hearing that Mr Ngerng did not want to be cross-examined.

"The judge directed his lawyer to confirm whether he would be giving evidence by 30 January 2015," she said.

"PM Lee stands ready to be cross-examined, a position he has earlier communicated to the Court".

Ngerng had, in a May 15 post on his blog The Heart Truths, Ngerng compared Mr Lee to the City Harvest Church (CHC) leaders prosecuted for allegedly misusing $50 million of church funds.

In his November ruling, Justice Lee noted that the CHC case was in the public domain at the time of the blog post, and had "come to be associated with the criminal misappropriation of funds in the mind of any ordinary, reasonable person".

He also noted that, in Mr Ngerng's post, "the allegation that 'money is being misappropriated' is unconditional and unequivocal"

Saisyu · Jan 14, 2015

Press sec to PM Lee refutes allegations over her statement on blogger's case

Published on Jan 13, 2015 4:17 PM

Blogger Roy Ngerng (left) with his lawyer M. Ravi (right) leave the Supreme Court in Singapore on Jan 12, 2015. Prime Minister Lee Hsien Loong's press secretary on Jan 13 refuted allegations that her comments in a statement to the media the day before over a closed-door defamation hearing against Mr Ngerng were "inaccurate". -- PHOTO: AFP

By Walter Sim

SINGAPORE - Prime Minister Lee Hsien Loong's press secretary today refuted allegations that her comments in a statement to the media on Monday over a closed-door defamation hearing against blogger Roy Ngerng were "inaccurate".

Ms Chang Li Lin had, on Monday, said Mr Ngerng's lawyer "indicated at the hearing that Mr Ngerng did not want to be cross-examined."

But lawyer M. Ravi, representing Mr Ngerng, said in a letter to Ms Chang - released to the media early on Tuesday - that she was "inaccurate" and "misinformed".

In a five-page media statement, Ms Chang cited notes taken by lawyers from Drew & Napier, who represent Mr Lee, at the closed-door session where Mr Ngerng, 33, was ordered to pay $29,000 in costs for legal fees and related expenses. Damages for defamation will be assessed in later hearings.

Mr Ravi said in his letter that based on his recollection, he did not tell the court that Mr Ngerng did not want to be cross-examined. Instead, what he said was that he had to take instructions from his client, which was a "common and normal practice".

He also said it would be "illogical" for the court to ask him to confirm whether Mr Ngerng would give evidence by Jan 30 had he already said Mr Ngerng would not.

But Ms Chang, citing transcripts, said there had been a "hasty U-turn" by Mr Ravi.

She wrote: "Mr Ravi had informed the Court that Mr Ngerng would rely on the affidavit filed by him in the earlier summary judgment application as his evidence for the purposes of the assessment of damages.

"Mr Davinder Singh (from Drew & Napier) then gave Mr Ravi notice that if Mr Ngerng was going to give evidence for the purposes of the assessment of damages, Mr Singh would be cross-examining Mr Ngerng.

"Whereupon Mr Ravi promptly changed his position, and informed the Court that Mr Ngerng would "Therefore" not be filing any evidence," she said.

"This was the clearest indication that Mr Ngerng did not want to be cross-examined," she added. "And even after he tried to end the discussion, the Court asked Mr Ravi to consider the matter and let the Court and Drew & Napier know by 30 Jan 2015 if Mr Ngerng would be giving evidence."

She also addressed a question Mr Ravi had asked, whether it was appropriate for the Prime Minister's press secretary to issue statements in connection with the case.

"He appears to have forgotten that, as the Court has found Mr Ngerng falsely alleged that 'the plaintiff, the Prime Minister of Singapore… is guilty of criminal misappropriation of the monies paid by Singaporeans to the CPF'.

"It is therefore entirely proper for me to deal with this matter as the Prime Minister's press secretary," she added.

[email protected]

Hasbro · Jan 16, 2015

Blogger Roy Ngerng to testify at hearing to assess damages in defamation suit

Published on Jan 14, 2015 6:26 PM

Singaporean activist Roy Ngerng (second, from left) with his lawyer M. Ravi (third, from left) leaving the Supreme Court in Singapore on Jan 12, 2015. -- PHOTO: AFP

By Walter Sim

SINGAPORE - Blogger Roy Ngerng, who was found to have defamed Prime Minister Lee Hsien Loong, will testify at a hearing to assess the amount of damages payable, said his lawyer M. Ravi today.

Mr Ravi also vehemently denied saying at a closed-door hearing on Monday that his client "did not want to be cross-examined" - as PM Lee's press secretary Chang Li Lin previously said in a statement.

Ms Chang, in the latest round of exchanges between the two on Wednesday, said: "Despite what Mr Ravi said in court, he has now publicly confirmed that Mr Ngerng is prepared to give evidence and to be cross-examined at the hearing to assess damages.

"The Prime Minister looks forward to that," she added.

In her statement on Tuesday, Ms Chang cited notes taken by law firm Drew & Napier, whose Senior Counsel Davinder Singh is representing PM Lee.

Mr Ravi today used the same notes to back up his own version of events, saying that the notes are "accurate, precise and complete as far as they go".

But Ms Chang said that Mr Ravi had, in using the notes, "carefully and selectively omitted his own words to the Court".

She pointed out that he did not cite the fact that he had told Justice Lee Seiu Kin on Monday: "Therefore, I won't be filing (an affidavit). Enough Your Honour, I won't be filing."

That, she said, was the "clearest admission of his indication to the Court that Mr Ngerng did not want to be cross-examined".

She had used this remark in an earlier statement on Tuesday to show that Mr Ravi made a "hasty U-turn", after Mr Singh said he would cross-examine Mr Ngerng if he gives evidence.

Mr Ravi said today that he had "moved swiftly to protect my client's right to have the final say (over whether to testify)... given the sudden display of fervour of my learned opponent to engage in cross-examination of my client".

He also said that the notes showed his indication that he would be taking instructions on whether Mr Ngerng would be giving evidence.

Justice Lee ruled in a summary judgment in November that Mr Ngerng had defamed PM Lee by suggesting that the Prime Minister had misappropriated Central Provident Fund savings.

At Monday's hearing, Mr Ngerng was ordered to pay PM Lee $29,000 in costs for legal fees and related expenses, with damages to be assessed later.

He also directed Mr Ravi to confirm by Jan 30 if Mr Ngerng would be giving evidence.

[email protected]

Hasbro · Feb 7, 2015

Blogger Roy Ngerng pays $29,000 in costs to Prime Minister Lee Hsien Loong's lawyers

Published on Feb 6, 2015 10:11 PM

Blogger Roy Ngerng at the Return Our CPF protest at Hong Lim Park on June 7, 2014. After a day of to-ing and fro-ing, the $29,000 owed in costs to Prime Minister Lee Hsien Loong, whom Mr Ngerng had defamed, was finally paid on Friday evening. -- ST PHOTO: ONG WEE JIN

By Tham Yuen-C

SINGAPORE - After a day of to-ing and fro-ing, the $29,000 owed in costs to Prime Minister Lee Hsien Loong, whom blogger Roy Ngerng had defamed, was finally paid on Friday evening.

It comes after two payment deadlines were missed following disagreement between Mr Ngerng and his lawyer M. Ravi.

Mr Ravi had said on Friday afternoon that Mr Ngerng has taken the money and "remains uncontactable".

He also said that he had refunded Mr Ngerng the money "urgently at his request in the presence of many other persons".

But Mr Ngerng said it was Mr Ravi who returned the money of his own accord, asking him to make the payment directly.

"Ravi explained that he is in the midst of setting up his new firm and hasn't been able to process the payment to Drew and Napier yet. He handed me back the money and asked me to make the payment directly to Drew and Napier," Mr Ngerng said.

The amount is for legal fees and related expenses, incurred over a defamation case, that the High Court had awarded to Mr Lee last month.

In a summary judgment last November, Justice Lee Seiu Kin ruled that Mr Ngerng, 34, had defamed Mr Lee by suggesting the Prime Minister had misappropriated Central Provident Fund savings.

Mr Lee's lawyers from Drew & Napier had sent a letter to Mr Ravi asking for the $29,000 to be paid by Jan 29. When the deadline was missed, another letter was sent on Jan 30 asking for payment to be made by Feb 2, said the Prime Minister's press secretary Chang Li Lin in response to media queries on Friday.

There were no replies to both letters.

On Feb 3, Mr Ngerng called Drew & Napier to ask to make the payment in cash directly.

But "under the lawyers' professional rules, a lawyer cannot without the consent of the opposite party's lawyer deal directly with the opposite party", said Ms Chang.

So Mr Lee's lawyers wrote to Mr Ravi the same day to ask if he would have any objections to them being paid directly by Mr Ngerng.

They did not get a reply and eventually wrote another letter to ask that the payment be made by noon on Monday. If this was not done, an application will be filed in Court to compel payment and for costs, said the letter.

On finding out the new deadline, Mr Ngerng went to Drew & Napier's offices on Friday with the $29,000 in cash.

The firm again wrote to Mr Ravi, but did not get a reply, said Ms Chang.

Around 7.30pm, a representative from Mr Ravi's law firm called Drew & Napier to give approval, and Mr Ngerng handed over the money.

winnipegjets · Feb 7, 2015

The bayi lawyer should rot in hell.

Prodigy · Jul 1, 2015

Hearing to assess damages payable by Roy Ngerng to PM Lee for defamation begins today

Roy Ngerng speaking at the Labour Day protest at Hong Lim Park on May 1, 2014. Roy Ngerng speaking at the Labour Day protest at Hong Lim Park on May 1, 2014.PHOTO: ST FILE

Published
Walter Sim

SINGAPORE - The three-day hearing to assess the amount of damages blogger Roy Ngerng has to pay Prime Minister Lee Hsien Loong for defamation begins today (July 1) in the High Court.

Justice Lee Seiu Kin had ruled last November that Mr Ngerng, 34, defamed PM Lee by suggesting the Prime Minister misappropriated Central Provident Fund (CPF) savings.

PM Lee is claiming aggravated damages, asserting malicious intent in Mr Ngerng's publication of the article on May 15 last year on his blog The Heart Truths.

In the post, Mr Ngerng juxtaposed a Channel NewsAsia chart detailing the relationship among City Harvest Church (CHC) leaders, against his own chart of the purported ties between the CPF and PM Lee and sovereign wealth fund GIC.

Six current and former CHC leaders are facing prosecution for the alleged misuse of $50 million in church funds.

Justice Lee noted the case "has come to be associated with the criminal misappropriation of funds in the mind of any ordinary, reasonable person". He also noted that, in Mr Ngerng's post, "the allegation that 'money is being misappropriated' is unconditional and unequivocal".

It contains as well an implicit comparison between the lack of information given to auditors in the CHC case, and the lack of transparency with regard to CPF monies, added Justice Lee. This, he said, carries the implication that Mr Lee is reluctant to be transparent about the finances of the Government and GIC "because he wants to conceal the evidence of the criminal misappropriation".

In issuing a summary judgment - which means giving a ruling without the case going to trial because the court agrees with the applicant that the defence arguments are baseless - Justice Lee had said he could not accept Mr Ngerng's only defence that the lawsuit was unconstitutional.

He also ruled that Mr Ngerng cannot republish the allegation of criminal misappropriation, but his freedom of speech would not be curtailed.

The blogger has continued to blog about the CPF issue.

Last month, he made an attempt in the High Court to engage Queen's Counsel (QC) Heather Rogers to argue his case at the hearing on damages.

But it was dismissed by Justice Steven Chong, who said that although QC Rogers is eminent in the field of defamation law in the United Kingdom, she does not have special qualifications or experience to argue Mr Ngerng's case here as it is "local-centric".

Also, the case at the damages stage was not complex enough to require even a local Senior Counsel - let alone a QC - and that Mr Ngerng had thus far been "content" with being represented by local lawyers who are not Senior Counsel, he noted.

This was so, even during the hearing to determine liability, which is "more complex" in nature, said Justice Chong.

He ordered Mr Ngerng to pay $6,000 to PM Lee for legal fees he incurred in the blogger's unsuccessful bid.

This is on top of the $29,000 in legal fees and related expenses the blogger paid PM Lee on February 6.

Callisto · Jul 2, 2015

Blogger cross-examines PM for 6 hours

Prime Minister Lee Hsien Loong arriving at court. Prime Minister Lee Hsien Loong arriving at court.ST PHOTO: WONG KWAI CHOW

Published
02.07.2015

Prime Minister Lee Hsien Loong was cross-examined by blogger Roy Ngerng for six hours in the High Court yesterday in a hearing to assess damages for libel.

Mr Lee's lawyers, led by Senior Counsel Davinder Singh, are seeking aggravated damages over remarks Mr Ngerng, 34, made in a blog post on the Central Provident Fund in May last year that conveyed the impression Mr Lee had misappropriated citizens' savings.

Mr Lee told the court that all it would have taken for Mr Ngerng to avoid being sued was a sincere apology. Instead, the blogger repeated the libel and characterised himself as a victim of political persecution.

Blogger Roy Ngerng leaving the High Court yesterday with his parents. In court, Mr Ngerng apologised to Mr Lee, but soon alleged that he was being "reckless" in bringing the suit. He also suggested that Mr Lee was not doing his duty as the Prime Mini

Mr Ngerng, who discharged his lawyer last week, said he had no intention to defame Mr Lee, and posed all manner of questions to him, at times leaving those in court puzzled at his queries, and drawing objections from Mr Singh. But Justice Lee Seiu Kin said he would give Mr Ngerng more latitude as he was representing himself.

At the close of yesterday's session, Mr Ngerng asked if saying sorry was not enough. Mr Lee replied: "Saying sorry alone would have been plenty, but unfortunately, that's not only what you did."

Tham Yuen-C

Callisto · Jul 2, 2015

PM Lee's lawyers seek 'very high' damages in defamation case against Roy Ngerng

Prime Minister Lee Hsien Loong arriving at court. Prime Minister Lee Hsien Loong arriving at court.ST PHOTO: WONG KWAI CHOW

Published Jul 1, 2015, 2:33 pm SGT
Tham Yuen-C
Assistant Political Editor

SINGAPORE - The lawyers of Prime Minister Lee Hsien Loong have asked the High Court for a very high award of damages in the defamation case against blogger Roy Ngerng, saying that Mr Ngerng's actions have been deeply and intensely malicious.

Mr Ngerng also remains determined to damage Mr Lee's reputation, the lawyers added in an opening statement submitted to the court on Wednesday, at the start of a three-day hearing.

Justice Lee Seiu Kin had ruled last November that Mr Ngerng, 34, defamed PM Lee in a blog post on his blog The Heart Truths on May 15 last year by suggesting the Prime Minister misappropriated Central Provident Fund (CPF) savings.

This week's hearing is to to assess the amount of damages Mr Ngerng has to pay Mr Lee.
Related Story
PM Lee takes the stand at hearing to assess damages payable by Roy Ngerng for defamation

Mr Lee's lawyers noted that previous awards in defamation cases involving top government ministers ranged from $100,000 to $400,000, and argued that a higher quantum should be awarded in this case given, among others, the extensive republication of the libel, Mr Ngerng's egregious conduct, and his malice and continuing attacks against Mr Lee.

"From the very first, the defendant set out to wound," PM Lee's lawyers said of Mr Ngerng and his initial blog post.

"He knowingly and maliciously published a false and vicious libel against the plaintiff to inflict maximum injury. He then cynically capitalised on, and continues to exploit, that libel and the ensuing lawsuit to promote himself as a champion of free speech."

In the process, Mr Ngerng has misled Singaporeans, Mr Lee and even his own lawyers, by apologising and taking down the defamatory statements, then posting them online again, the statement said.

He undertook not to repeat the libel but broke his promise, and claims he is sincere about wanting to resolve matters but continues to aggravate the injury, it added.

In his post, Mr Ngerng juxtaposed a Channel NewsAsia chart detailing the relationship among City Harvest Church (CHC) leaders, against his own chart of the purported ties between the CPF and PM Lee and sovereign wealth fund GIC.

Six current and former CHC leaders are facing prosecution for the alleged misuse of $50 million in church funds.

After receiving a letter of demand, Mr Ngerng had removed the blog and posted an apology. But he later sent the blog post to the media and repeated his defamatory allegations in other online articles and interviews.

Said Mr Lee's lawyers: "This case stands out for the depth and intensity of the defendant's malice toward the plaintiff and his resolve to damage the plaintiff's reputation."

The lawyers cited previous defamation cases to argue that allegations of corruption and criminal conduct "are grave charges", especially if made against the Prime Minister of a country.

They further said that Mr Lee's "life, reputation and ability to lead Singaporeans and GIC are all founded on his unflinching fidelity to integrity".

"It is therefore an extremely serious matter for the defendant to accuse the plaintiff of criminally misappropriating the monies paid by Singaporeans to the CPF," they said.

"Such an allegation undermines the plaintiff's ability to lead the country, sustain the confidence of the electorate and to discharge his functions as Prime Minister and chairman of GIC."

In addition to making the defamatory statements, Mr Ngerng had sought to rally people to his cause, by promising to speak the truth and to speak up for them, the lawyers added.

He had also jumped at the opportunity to use the ensuing lawsuit to promote himself, and advance his political agenda, they said.

For instance, Mr Ngerng had posted on his blog the entire letter of demand sent to him by Mr Lee's lawyers, to attract more attention, the lawyers said. This was despite knowing that the letter had described the offending words and images he was asked to take down.

The lawyers said: "If the defendant's actions have proved anything, it is that he harbours a deep seated hatred of the plaintiff. That is the only explanation for the venom in his continuing attacks and his relentless aggravation."

They urged the court to "express, in strongest terms, its indignation" at Mr Ngerng's conduct.

"The case for a very high award of damages, including aggravated damages, is compelling," they added.

Callisto · Jul 2, 2015

Blog too low-key to hurt reputation: Ngerng

Blogger Roy Ngerng speaking to the media. Blogger Roy Ngerng speaking to the media. PHOTO: REUTERS

Published 02.07.2015
Walter Sim

Calling himself an "unsung, part- time blogger", Mr Roy Ngerng yesterday tried to show that his blog, The Heart Truths, had low credibility, reach and visibility.

Hence, Prime Minister Lee Hsien Loong's reputation would have "barely been denigrated" by the post on his blog on May 15 last year.

The article has been found defamatory for suggesting that the Prime Minister had misappropriated Central Provident Fund (CPF) savings.

Mr Ngerng, 34, is arguing that since he harboured no malice, there is no basis for Mr Lee to demand aggravated damages.

Mr Ngerng said his remorse was also evident, pointing out that he had made at least eight apologies, one of which has been on his blog "for 405 days" as of yesterday.

Before he made public the letter of demand from Mr Lee on his blog on May 19 last year, the article had only 9,112 views, Mr Ngerng said. But it drew 93,324 views between May 19 and its removal from the blog two days later.

He also said it was beyond his control if netizens hyperlinked to, or reproduced, his article on their blogs or Facebook pages.

He argued that Mr Lee was unable to provide statistics to show the eventual reach of his defamatory article from second-degree posts, and was just making "inferences".

When Mr Lee said it can be inferred that a Facebook post with one comment would have been read by several others as not everyone would leave a comment, he retorted: "That's like saying if I see one pig, I see several other pigs."

A subsequent video on YouTube on May 24 last year, which Mr Lee said aggravated matters, had dealt only with CPF management and reported on the defamation proceedings, Mr Ngerng said.

He agreed to delete the video when asked to do so. But what he did was to privatise it for five people to access. He took it down only a day later, when asked again.

Then, to draw the attention of local and international media to his case, he said he e-mailed to journalists a link to another site that had earlier reproduced his defamatory article. He also e-mailed them a link to his public apology and the letter of demand on his blog.

Disagreeing that this amounted to republishing the libellous material, he said providing the links "lacks the sting of the allegation".

By drawing attention to his apology, it was in effect a case of "the antidote to the poison (being) directly adjacent to the poison".

Mr Ngerng had made two offers to settle the matter out of court. Mr Lee deemed his $5,000 offer last year as derisory, and another of $10,000 in May as unrealistic in the light of Mr Ngerng's actions.

Mr Ngerng framed the lawsuit as "reckless", given that Mr Lee had a wealth of resources at his disposal to first engage him in a public dialogue.

Mr Ngerng also included in his opening statement letters of support from the International Commission of Jurists in Thailand and the Centre for International Law in the Philippines. He will be cross-examined by Senior Counsel Davinder Singh, Mr Lee's lawyer, today.

Callisto · Jul 2, 2015

Blogger's questions show lack of contrition: Lawyer

PM Lee leaving the Supreme Court on July 1, 2015. PM Lee leaving the Supreme Court on July 1, 2015. PHOTO: AFP

Published 02.07.2015
Rachel Au-Yong

Facing for the first time the man who successfully sued him for defamation last November, blogger Roy Ngerng began his cross-examination of Prime Minister Lee Hsien Loong in the High Court yesterday with an apology for his defamatory remarks.

But his line of questioning, during Mr Lee's six hours on the witness stand, showed he was anything but contrite, said the PM's lawyer, Senior Counsel Davinder Singh.

Before a packed courtroom and flanked by activists Leong Sze Hian and Han Hui Hui, Mr Ngerng would often repeat his questions and give clarifications of his intentions in writing his defamatory blog posts.

He would also flip through bundles of documents seeking questions to ask the PM, sometimes coming up with hypothetical scenarios that Mr Singh charged had little relevance to the hearing.

The three-day hearing, starting yesterday, was to assess damages Mr Ngerng has to pay Mr Lee.

He tried to do this by getting Mr Lee to agree that many statements in his blog post were factual and taken from news articles or websites. Thus, they could not possibly show malicious intent, he argued.

After a lengthy stretch of back-and-forth, Mr Lee said the exercise was "meaningless" as it was Mr Ngerng's blog post, taken as a whole, that was defamatory.

Mr Ngerng, who is representing himself after discharging his lawyer last week, often veered off into topics that puzzled the judge as well.

He asked questions on whether the Government is the sole equity shareholder of Temasek Holdings, and if Temasek Holdings owned the assets on its balance sheet.

It led Justice Lee Seiu Kin to ask: "What is the question here, Mr Ngerng?"

Several of his questions also required the Prime Minister to explain Mr Ngerng's intentions in writing the defamatory blog post.

After a couple of hours, Justice Lee told him Mr Lee would be unable to provide evidence of whether he had intended any malice: "He won't know what your intentions are... It's for you to persuade me that you have none. So this line of questioning that you're trying to establish from him, that you have no malice, will not get you anywhere."

Mr Ngerng even brought up his current jobless state: "Do you know I'm currently unemployed?"

Mr Lee replied: "I'm sorry to hear that."

Later, the judge told Mr Ngerng: "I have to be careful not to allow resources of the court to be used for purposes other than to investigate (the quantum of damages)."

The day's long-drawn-out proceeding was punctuated by several moments of levity, however, thanks to Mr Ngerng's analogies.

Disputing PM Lee's claim that a subsequent video he made was grounds for aggravated damages, he asked: "If you give me a knife right now and I cut my own finger, just because you gave me the knife, does it mean that my cutting my own finger is your fault because you gave me the knife?"

Mr Lee said: "Knowing you, it may be."

Towards the end of the day, Mr Ngerng asked Mr Lee if he was willing to settle out of court. He also asked if Mr Lee would give him a second chance.

Mr Lee said: "Saying sorry alone would have been plenty at one point, but unfortunately that is not only what you did."

The Prime Minister said he was "not in control of the court situation" and that he was content to have the court decide the damages.

Mr Ngerng then asked why he had issued a letter of demand through a lawyer instead of asking him in a nicer manner to take down the blog post.

Said Mr Lee: "You have been skirting closer and closer to defaming me for a long period of time. I have been watching this, I have not responded. Eventually, it was unambiguous and flagrant and I decided I had no choice but to act."

Callisto · Jul 2, 2015

Blogger Roy Ngerng to testify today in hearing on assessment of damages for defaming PM Lee

Roy Ngerng is due to take the witness stand today. Roy Ngerng is due to take the witness stand today.PHOTO: EPA

Published Walter Sim

SINGAPORE - Blogger Roy Ngerng is expected to take the witness stand today, the second day of a High Court hearing to assess the amount of damages he is to pay Prime Minister Lee Hsien Loong for defamation.

Mr Ngerng, who is representing himself, completed his cross-examination of Mr Lee over an often heated six-hour session on Wednesday.

Among other things, the two sparred over whether Mr Ngerng, 34, harboured malice when he wrote an article on his blog, The Heart Truths, in May last year suggesting that Mr Lee misappropriated Central Provident Fund (CPF) savings.

The hearing before Justice Lee Seiu Kin, who found that the blogger had defamed Mr Lee last November. Mr Ngerng is expected to give his testimony today, and will be cross-examined by Mr Lee's lawyer, Senior Counsel Davinder Singh.

Mr Ngerng is arguing that he had no malicious intent when he made the post, and so, there is no basis for Mr Lee to demand aggravated damages.

He labelled himself an "unsung, part-time blogger" in his opening statement, in a bid to show that his blog had low credibility, reach and visibility. Hence, Mr Lee's reputation would have "barely been denigrated" by the defamatory post, he said.

The blogger said that his remorse was evident from the fact that he had made at least eight apologies, one of which has been on his blog "for 405 days" as of Wednesday.

He added that it was beyond his control if netizens hyperlinked to, or reproduced, his article on their blogs or Facebook pages.
Related Story
PM Lee's lawyers seek 'very high' damages in defamation case against Roy Ngerng

Meanwhile, Mr Lee's lawyers argued on Wednesday for a "very high" award of aggravated damages, saying the blogger's actions stood out for the depth and intensity of his malice towards the Prime Minister.

The case merited higher damages than the $100,000 to $400,000 in precedent libel cases against top government leaders, said Mr Singh, given Mr Ngerng's egregious and malicious actions and continued attacks on Mr Lee.

They cited, among others, the viciousness of the libel, how extensively it was republished, Mr Ngerng's conduct, and his continuing attacks against Mr Lee.

"From the very first, the defendant set out to wound... He knowingly and maliciously published a false and vicious libel against the plaintiff to inflict maximum injury. He then cynically capitalised on, and continues to exploit, that libel and the ensuing lawsuit to promote himself as a champion of free speech," Mr Lee's lawyers said.

Callisto · Jul 4, 2015

Roy Ngerng not repentant despite apologies to PM Lee Hsien Loong, says Senior Counsel Davinder Singh

Blogger Roy Ngerng and his father arriving at court. Blogger Roy Ngerng and his father arriving at court. ST PHOTO: WONG KWAI CHOW

Published Jul 3, 2015, 2:55 pm SGT
Updated 6 hours ago
Walter Sim Rachel Au-Yong

SINGAPORE - Blogger Roy Ngerng broke down in tears on Friday, declaring that he was being persecuted for casting doubts about the management of Central Provident Fund (CPF) savings.

He also claimed he was being silenced by the Government.

Mr Ngerng's emotional reaction in the High Court came as Senior Counsel Davinder Singh suggested he was being deceitful and belligerent in his actions despite his repeated apologies for defaming Prime Minister Lee Hsien Loong.

Mr Singh, who is representing Mr Lee, pointed out that Mr Ngerng had - as recently as last month - approached international legal organisations to champion his case and made damaging posts on his blog The Heart Truths.

The blogger had submitted, to the High Court, statements from the International Commission of Jurists and Center for International Law Philippines.

In doing so, Mr Singh said, Mr Ngerng was trying to imply that "if (the court) were to award high damages it would run afoul of international human rights law, and would be generating an atmosphere of intimidation and is a form of judicial harrassment."

The court also heard Mr Ngerng had received 5,000 British pounds (S$10,535) from a London-based organisation for the case.

These disclosures were made on Friday, the final day of a three-day hearing to assess the damages the blogger has to pay Mr Lee for defaming him in a May 2014 blog post. His blog post had suggested that the Prime Minister misappropriated CPF savings.

Mr Ngerng, 34, had deleted the libellous post and apologised when he got a lawyer's letter.

But Mr Singh, in arguing for aggravated damages, highlighted how his actions since then had displayed a deep and intense malice towards Mr Lee.

He singled out Mr Ngerng's submission of the statements from the two international organisations, and charged that the blogger had chosen to "use foreign organisations to campaign against Singapore, and to use this court process to advertise that campaign".

Mr Ngerng, choking up and pulling out a wad of tissues, said all he wanted to show was the potential chilling effect the lawsuit had on freedom of speech.

Despite a court ruling that he was still allowed to speak on CPF matters, he said: "Let us be honest.We all know that just because I spoke up about the CPF, I am being persecuted ."

He also teared up when he said he is depending on his parents after losing his job last year.

But he still had access to other funds, Mr Singh said, asking him about the $110,000 raised via crowd-funding, along with the monies from London-based Media Legal Defence Initiative, which gives legal help to journalists and bloggers worldwide.

The blogger is also far from repentant despite his repeated apologies, Mr Singh said, pointing to blog posts last month that cast aspersions on the judiciary, and alleged "abuse of power" by the PAP.

Mr Ngerng insisted his posts were being read out of context, saying he had only raised what he felt were genuine questions about sociopolitical issues in Singapore.

Mr Singh said Mr Ngerng had been lying in a bid to get away with lower damages: "You would say whatever is convenient to get your way, (like) if you had to say sorry, even if not genuine."

He also argued that Mr Ngerng lied in his sworn affidavits, broke his promises to Mr Lee, and tried to suppress the number of views on his blog to create an impression that the defamatory post was not well-read.

Mr Ngerng had said the post "only garnered 9,122 views" when it was taken down.

But this, Mr Singh pointed out, failed to account for the views of the article on the blog's home page - where it could be read in entirety.

Readership spiked after Mr Ngerng posted Mr Lee's demand letter on his blog on May 19, 2014 - two days before he apologised and removed the offensive blog post, said Mr Singh. All in, the number of views was about 95,000.

All these showed the blogger has not only "shown no remorse, contrition or sincerity", but also went to court "to give a completely false impression, purely to try to avoid or reduce damages," said Mr Singh.

Justice Lee Seiu Kin asked both parties to make written submissions on their respective cases by Aug 31, with his decision reserved for a later date.

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