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How could the High Court acquit the accused in the face of such strong evidence!!??

Why acquittal was reversed for man who raped ex-girlfriend: Use of violence evident, says apex court​

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Selina Lum
Senior Law Correspondent

Jan 11, 2022

SINGAPORE - A man who was accused of raping his former girlfriend while trying to strangle her claimed that they had consensual sex and that the bruises on her neck were “love bites”.
The 45-year-old man was initially cleared by the High Court in June 2020 following an 11-day trial.
In September 2022, his acquittal was reversed by the Court of Appeal after the prosecution appealed, and he was sentenced to 13 years’ jail and 12 strokes of the cane.
On Wednesday, the three-judge apex court issued written grounds setting out its reasons for convicting the man and for the sentence imposed.
“It was clear to us that the judge’s decision to acquit was wholly against the total weight of the objective evidence and the testimony of the prosecution’s witnesses,” wrote Justice Tay Yong Kwang.
One of the issues that weighed against the accused was that the use of violence was evident from the extent of the tear in the woman’s T-shirt and the damage to the fasteners of her brassiere, as well as the bruises on her neck.
The court, which also comprised Justices Judith Prakash and Woo Bih Li, said the bruises did not appear to be love bites.

In any case, the accused was not able to explain a line between the two bruises, which indicated that some injury was inflicted, said the court.
The damage to the brassiere fasteners also corroborated the woman’s account that the man used violence to subdue her, said the court.
Another issue that weighed against the accused was that the romantic relationship between him and the woman had clearly ended before the rape on Aug 6, 2017, said the court.

The man and the woman, who is now 34, are Malaysians who got into a relationship in 2012 while working in Singapore. In 2015, they rented a flat together.
In February 2017, the man lost his job and could not remain in Singapore for long periods of time. By May 2017, she asked him to move out because she wanted to end the relationship.
The court pointed out that the woman had not communicated with the man since July 21, 2017, until he turned up at the flat unannounced on Aug 2, 2017. This was despite the fact that he had sent her more than 100 messages during this period.
The woman’s response to his return, including staying with her aunt for two days, showed that she was totally uninterested in interacting with him, said the court.
The man’s behaviour after the alleged rape also betrayed his guilt, said the court.
After the assault, he took her to a nearby clinic, where she told the doctor that the man had sexually assaulted her. The doctor told his assistant to call the police, and the accused left before the police arrived.
He then sent the victim more than 60 messages apologising to her and begging her not to make a police report. He also sent voice messages to his family members, saying he was afraid that she would accuse him of “attempted rape”.
“If he held the genuine belief that he and (the victim) had consensual sex, there would have been absolutely no reason for him to assume that the police was at the clinic because of him,” said the court.
Finally, the Court of Appeal disagreed with the trial judge that the woman’s credibility was affected by inconsistencies in her evidence.
The apex court agreed that the woman was inconsistent when she told the clinic doctor she last had sex with the man in November 2016 and, later in court, admitted that the last time was in March 2017.
However, this did not affect the pivotal point of the evidence that their relationship had ended before August 2017, said the court.
 

Singapore Dancing Spirit

Alfrescian
Loyal
It's always disheartening to hear about legal professionals cheating on exams, especially when it comes to ethics and professional responsibility.


See how Mrs and Mr. LHL hosting parties only to the world criminals in history.
Remember his father LKY was a murderer himself and I would substantiate evidence in the Divine Court of Law in Singapore in due time.
LHL first wife was murdered too but it was not reported during LKY's regime. Beware.

I asked why LHL was a cancer patient and was it due to Karma??
Yes, it was due to Karma. He has to face several criminal charges in Singapore.

Please hold on until I reveal all the charges in due time.


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Court dismisses complaint against police officers by Healing the Divide’s Iris Koh​

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Iris Koh claimed four police officers had mishandled personal items seized from her after her arrest in January 2021. PHOTO: ST FILE
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Jessie Lim

Jan 16, 2023

SINGAPORE – A complaint filed against police officers by Iris Koh, founder of anti-vaccine group Healing the Divide, was dismissed by a Magistrate’s Court on Jan 9.
Koh, who was arrested in January 2021 for allegedly conspiring to cheat and submit falsified vaccination records to the Ministry of Health (MOH), had lodged a magistrate’s complaint against four police officers whom she claimed had mishandled personal items seized from her after her arrest.
A magistrate’s complaint is an application for a magistrate to examine an alleged criminal offence and give directions for further action.
On Nov 18, 2022, Koh complained that the items seized – her laptop, mobile phone and e-mail disk – had been stored in envelopes instead of being sealed in tamper-proof bags. She claimed that, as a result, the four officers, who were members of the forensic team, had breached protocol.
She also alleged that this would result in the chain of custody of evidence being compromised and thus be inadmissible in court.
Koh faces four charges, including making false representations to MOH over Covid-19 vaccinations and obstructing a policewoman from performing her duties.
Details of her complaint were published in grounds of decision by Senior Magistrate Hamzah Moosa in January.


According to Mr Hamzah, Koh was concerned that fraudulent evidence could have been planted in her electronic devices.
In his decision, Mr Hamzah said: “Her belief that the chain of custody of evidence seized during her arrest was compromised and no longer admissible in court are matters that are directly connected to and within the sole purview of the Trial Court.”
He said they should be dealt with by the judge during a trial instead.

In her complaint, Koh also alleged the four officers had failed to assist a member of the Attorney-General’s Chambers (AGC) team.
On Nov 4, 2022, Koh asked one Mr Sivakumar from the AGC if the extraction of exact copies from her digital devices was ready. Mr Sivakumar said it was not ready but would be by Nov 7.
She said the four officers, who were present when she spoke to Mr Sivakumar, had remained silent and accused them of trying to mislead her with their silence and reticence.
Koh claimed the officers had committed an offence by providing false information to a public servant, in this case Mr Sivakumar, and omitting to assist him, citing Section 182 and 187(1) of the Penal Code.

On Nov 7, when Koh was provided the copies from her three devices, she wondered how they had come about, as the room where her devices were kept had been sealed each time she left the room.
She also realised that day that her devices were not sealed in tamper-proof bags, and she was concerned that “fraudulent evidence” could be planted in her devices.
In response, Mr Hamzah said Koh did not provide any credible evidence that the police officers had committed an offence under the Penal Code.
In dismissing her complaint, he said there was insufficient reason to proceed on it.
Mr Hamzah said he informed Koh she could lodge a complaint with the police or raise the matter with the AGC regarding her concerns or allegations of the possible misconduct of one or more of the four police officers.
Koh has filed an appeal against the Magistrate’s Court’s decision.
 

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On 1st Feb, SAL published an article by Senior Counsel Harpreet Singh questioning the decision not to prosecute the 6 Keppel executives. On the 2nd Feb 2023, the said article was removed by SAL. On the 3rd day of CEO Rama Tiwary announces that this is his last day at work having been CEO for 3 years.
 

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Ex-Changi Airport Group chairman’s son, Karl Liew, expected to plead guilty in Parti Liyani case​

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Karl Liew Kai Lung is accused of giving false evidence in the case of his family’s former maid, Ms Parti Liyani. PHOTOS: ST FILE
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Shaffiq Alkhatib
Court Correspondent

Feb 10, 2023

SINGAPORE - Karl Liew Kai Lung, who is accused of giving false evidence in the case of his family’s former maid, Ms Parti Liyani, is expected to admit to his charges on March 30.
The 45-year-old man, who is the son of former Changi Airport Group chairman Liew Mun Leong, was charged in 2020 with giving false evidence and furnishing false information to a public servant.
He is alleged to have falsely told the police in 2016 that he had found 119 items of clothing belonging to him in boxes that had been packed by Ms Parti, who was then accused of stealing from the family employing her.
He also allegedly gave false evidence during Ms Parti’s trial that a T-shirt and a blouse, which were exhibits in the case, had belonged to him.
Ms Parti, an Indonesian, was initially convicted in 2019 of stealing $34,000 worth of items from the Liews but was acquitted after the High Court overturned her conviction on appeal in 2020.
Ms Parti, who began working for the Liew family in 2007, was asked in March 2016 to do chores at Karl Liew’s home and clean his office in another location.
She had expressed unhappiness at being made to do extra work for him.

The Liew family terminated her employment in October 2016, and she was given two hours to pack her belongings into three boxes.
Unhappy, Ms Parti threatened to lodge a complaint to the Ministry of Manpower before returning to Indonesia.
She had asked Karl Liew to pay for the boxes to be shipped to her. The next day, the Liew family opened the boxes belonging to Ms Parti.
A police report was later made, alleging that some of the items she had packed in the boxes belonged to the Liew family.
Ms Parti was arrested when she returned to Singapore in December 2016, and was charged with four counts of theft in August 2017.
She claimed trial to the charges. She was then convicted and sentenced to two years and two months’ jail in 2019.
Ms Parti was acquitted after an appeal in 2020, in which the High Court ruled the original conviction was “unsafe”, highlighting the police’s handling of the evidence.
 

birdie69

Alfrescian
Loyal
Perhaps like KOM, not sufficient evident to file charge against this rich and powerful senior Liew?
 
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Patriotmissile

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Sinki legal system only thinks itself not bad. Garbage in garbage out with so many crooked lawyers. BTW, have they found David rasif? His slut daughter seems enjoying herself very much.
 

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Woman who stepped into uncovered drain loses claim for more than $60k against town council​

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The town council, in defending its case, said Madam Chan Chui Yoke’s fall was the only such accident in the last 20 years. PHOTO: ST FILE
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Selina Lum
Senior Law Correspondent

Feb 21, 2023

SINGAPORE – A 71-year-old woman who sued the Holland-Bukit Panjang Town Council for more than $60,000 after she stepped into an uncovered part of a drain has lost her case after the judge decided it was unlikely for anyone to have fallen.
The town council, in defending its case, said Madam Chan Chui Yoke’s fall was the only such accident in the last 20 years as far as it knew.
In the 2021 incident in Bangkit Road, the drain had been left partially uncovered to facilitate cleaning and to prevent mosquito breeding in accordance with National Environment Agency guidelines, a property manager for the town council testified.
Said District Judge Teo Guan Kee: “Having regard to the limited likelihood of a person falling into the uncovered perimeter drain and suffering a significant injury, and balancing that against the consideration that the perimeter drain was left uncovered for a cogent and supportable reason, consistent with a practice commonly adopted by town councils, I am of the view that the defendant did not fall short of the duty of care which it owed to the plaintiff.”
In the suit, Madam Chan contended that she fell into the drain because the town council’s failure to properly clean the drain made it difficult to differente between the “dirty drain” and drain covers.
It was alleged that the town council negligently caused the accident by failing to cover the drains, failing to clean the drain covers and failing to warn residents or prevent them from crossing the drain.
Madam Chan, then 69, fell into the drain, which is near the block where she lives, on Feb 8, 2021.

She had crossed over the 25cm-wide, 36cm-deep drain from the pedestrian walkway to a turfed area to water some plants.
But as she was crossing back to the walkway, she accidentally stepped into the drain. She hit her face on the pavement and landed on her right hand.
Madam Chan, who was represented by Mr Muhammad Hariz Tahi of Clifford Law, fractured her right middle finger and tore her left Achilles tendon.
A witness who testified for Madam Chan, who has been living there since 1988, said he had seen people crossing over the drain but had not seen anyone fall.
The town council, represented by Ms Grace Tan of WhiteFern, admitted that it owed a duty of care to Madam Chan at the time of the accident, but contended that it did not breach this duty of care.
Ms Tan also highlighted that the drain was not intended as a means of access to the turfed area and that there were pavements and walkways which could have been used instead.
The judge, who issued his judgment, on Feb 17, said that while there was algae on the drain and drain covers, it was not clear that this increased the likelihood of someone stepping into the drain. The fact that there were no warning signs or barricade did not help Madam Chan.
“Put simply, despite the absence of warnings or barricades, no one has been known to suffer the kind of accident which now forms the basis of the plaintiff’s action,” he said.
 

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High Court revives man’s suit against ex-lawyer struck out after no-show by new lawyers​

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Taxi driver Cheng Hoe Soon had filed a suit against his former lawyer alleging negligence, but it was struck out after his new lawyers failed to turn up at pre-trial hearings. ST PHOTO: GIN TAY
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Selina Lum
Senior Law Correspondent

March 6, 2023

SINGAPORE - A taxi driver who sued his former lawyer for negligence in his handling of a traffic accident case ironically had the lawsuit struck out as a result of the “irresponsible and lackadaisical conduct” of the new law firm he engaged.
Between April and August 2022, Mr Cheng Hoe Soon’s new lawyers from S K Kumar Law Practice (SKK) repeatedly failed to attend pre-trial conferences on his behalf.
Lawyer Charles Yeo from the firm attended two hearings in April, but he did not have a valid practising certificate at the time.
In September 2022, when no lawyer from the firm appeared despite numerous court warnings, an assistant registrar struck out Mr Cheng’s claim against his former lawyer, Mr Peter Ezekiel.
On Monday, the suit was revived after a High Court judge allowed Mr Cheng’s appeal to reverse the lower court’s order to strike out his statement of claim.
In his written judgment, Justice Tan Siong Thye noted that both Mr Cheng’s suit over the traffic accident and his suit over Mr Ezekiel’s alleged negligence had been struck out as a result of the errant conduct of two sets of lawyers.
“Thus, the plaintiff was gravely disadvantaged twice in his attempts to seek recourse and justice for his road traffic accident case,” said Justice Tan.

“I find the (assistant registrar’s) striking-out order draconian and disproportionate in the circumstances because the plaintiff was not at fault, but yet had to bear the consequences of the misconduct of SKK’s solicitors in (the suit against Mr Ezekiel).”
The case stemmed from a traffic accident on Jan 31, 2008, between Mr Cheng’s taxi and a lorry driven by Mr Chua Yeo Meng in Beach Road.
Mr Cheng suffered serious injuries and filed a district court suit against Mr Chua in 2009. He later discharged his original lawyers and eventually hired Mr Ezekiel.

Mr Ezekiel failed to comply with a court order to set down the case for trial by March 31, 2015, and, as a result, the traffic accident suit was struck out.
In 2019, Mr Cheng brought a negligence suit in the High Court against Mr Ezekiel and engaged SKK to act for him.
Yeo attended pre-trial conferences on April 12 and April 26, 2022, but each hearing was adjourned as he did not have a valid practising certificate.
No lawyer appeared for Mr Cheng at the next court date on May 17. The hearing was adjourned to May 23.
The assistant registrar hearing the case asked the firm to explain its absence and indicated he may consider striking out Mr Cheng’s statement of claim if there was further non-attendance.

The firm said in a letter on May 18 that its lawyer, Mr Foo Ho Chew, was late as he was occupied with other court matters.
No lawyer from the firm appeared on May 23, and the assistant registrar said he would strike out Mr Cheng’s suit if no lawyer was present at the subsequent hearing.
On June 14, 2022, Yeo appeared in court with a valid practising certificate. Mr Cheng was ordered to pay costs of $3,000 to Mr Ezekiel for the wasted costs arising from the four adjournments.
Yeo, who faces unrelated criminal charges, absconded after he left Singapore in late July. He is last known to be seeking asylum in Britain.
The matter was rescheduled to Aug 23, but no lawyer appeared on behalf of Mr Cheng.
At the next court date on Sept 27, Mr Foo, who was with H C Law Practice at the time, said he had been instructed by SKK to take directions from the court.
The assistant registrar ordered Mr Cheng’s statement of claim to be struck out on the basis that no counsel on record was present.
Mr Cheng failed in his bid to get a different assistant registrar to set aside the order and was ordered to pay $2,000 in costs.
He then appealed to the High Court, discharged SSK and engaged Mr Foo.
Mr Foo stated in a letter that he and Mr Mohan Singh from SKK would personally bear the costs arising from the previous costs orders and the costs of the appeal.
Justice Tan said it was not necessary to refer the errant lawyers to the Law Society as they have taken full responsibility for the mishandling of the case.
 

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Lee Hsien Yang, Lee Suet Fern being investigated for lying under oath, have left country: Teo Chee Hean​

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Mr Lee Hsien Yang and his wife Lee Suet Fern have left Singapore after refusing to go for a police interview which they had initially agreed to attend. PHOTOS: ST FILE, STAMFORD LAW
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Tham Yuen-C
Senior Political Correspondent

March 2, 2023

SINGAPORE - The police have opened investigations into Mr Lee Hsien Yang and his wife Lee Suet Fern for potential offences of giving false evidence in judicial proceedings, Senior Minister Teo Chee Hean told Parliament on Thursday.
The couple have left Singapore after refusing to go for a police interview which they had initially agreed to attend, Mr Teo said in a written reply.
The Court of Three Judges and a disciplinary tribunal had in 2020 found that the couple had lied under oath during disciplinary proceedings against Mrs Lee over her handling of Mr Lee Kuan Yew’s last will.
Mrs Lee had been referred to a disciplinary tribunal by the Law Society over her role in the preparation and execution of the last will of the late Mr Lee, her father-in-law, who died on March 23, 2015, at the age of 91.
His last will differed from his sixth and penultimate will in significant ways, and did not contain some changes he had wanted and discussed with his lawyer Kwa Kim Li four days earlier. Among the differences was a demolition clause – relating to the demolition of his 38 Oxley Road house after his death – which had not been in the sixth or penultimate will but was in the last.
This had sparked a complaint by the Attorney-General’s Chambers to the Law Society about possible professional misconduct on Mrs Lee’s part, and a disciplinary tribunal was convened to hear the case.
After finding her guilty of grossly improper professional conduct, the Tribunal referred the case to the Court of Three Judges, the highest disciplinary body to deal with lawyers’ misconduct.

Mr Teo noted on Thursday that both the Court and the Tribunal had found that Mr Lee and Mrs Lee lied under oath.
Quoting the Tribunal’s report, he said the couple had presented “an elaborate edifice of lies… both on oath… and through their public and other statements”, which had been referred to during the proceedings, and that their affidavits contained lies that “were quite blatant”.
As such, the police have commenced investigations into them for potential offences of giving false evidence in judicial proceedings, said Mr Teo.

He added that as part of the investigations, the Police requested an interview with Mr Lee and Mrs Lee, which they initially agreed to attend.
“However, (they) later had a change of heart and refused to attend. Their refusal is disappointing,” he said.
He also said that the Police have advised Mr Lee and Mrs Lee to reconsider participating in investigations, but they have since left Singapore and remain out of the country.
The Police have thus informed them that necessary steps would be taken to complete the investigations in their absence, added Mr Teo.
“Their refusal to participate raises questions. If they maintain their innocence, the investigation will give them the chance to vindicate themselves,” he said.
“They should participate, take the full opportunity to give their side of the story, and clear their names.”
Mr Teo was responding to a question by Mr Zhulkarnain Abdul Rahim (Chua Chu Kang GRC) on the accuracy of the events described by an e-book titled “The Battle Over Lee Kuan Yew’s Last Will”.
It was published in July 2022 by author Sudhir Thomas Vadaketh, who runs Jom, a weekly digital magazine covering arts, culture, politics, business, technology in Singapore.
Mr Zhulkarnain had asked if the book accurately represents the circumstances surrounding the signing of the late Mr Lee’s last will, as found by the Disciplinary Tribunal and the Court of Three Judges.
To this, Mr Teo said: “Many Singaporeans would prefer to put behind us questions about Mr Lee Kuan Yew’s last will. But there are continuing efforts to rewrite the facts.
“The e-book by Mr Sudhir Thomas Vadaketh... is one such example.”
He added: “Mr Thomas claims to have spent a year scrutinising the evidence to shine a light on the events. However, the book is not credible, as it totally ignores the facts and findings which had been established, after an objective and thorough examination of the case, by the Court of Three Judges in November 2020 and a Disciplinary Tribunal in February 2020.”
Besides finding that Mr Lee and Mrs Lee had lied under oath, the Court and the Tribunal had also found that the couple had misled the late Mr Lee in the context of the execution of his last will, added Mr Teo.
Given this, he said, the Court and the Tribunal had concluded that Mrs Lee was guilty of misconduct.
Mr Teo, citing the findings, said that Mrs Lee had “focused primarily on what her husband wanted done”, and “worked together with Mr Lee Hsien Yang, with a singular purpose, of getting (Mr Lee Kuan Yew) to execute the last will quickly”.
Mr Lee Kuan Yew “ended up signing a document which was in fact not that which he had indicated he wished to sign”, added Mr Teo, citing the findings.
Noting that Mrs Lee was suspended by the Court of Three Judges from practising as a lawyer for 15 months, Mr Teo said: “This is quite a serious penalty.”
 

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Lee Hsien Yang hints at never returning to Singapore, says he is unlikely to see his sister again​

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Mr Lee Hsien Yang's latest comments comes after Senior Minister Teo Chee Hean told Parliament that the police have opened investigations into Mr Lee and his wife. PHOTO: ST FILE

Mar 8, 2023

SINGAPORE – Mr Lee Hsien Yang said on Tuesday that he may never return to Singapore amid an ongoing police investigation into him and his wife, Mrs Lee Suet Fern.
In a lengthy Facebook post, Mr Lee, the younger son of first prime minister Lee Kuan Yew and the brother of Prime Minister Lee Hsien Loong, also said his sister, Dr Lee Wei Ling, is now extremely unwell.
“It pains me beyond words that I am unlikely ever to be able to see my sister face to face again,” he wrote.
Dr Lee was diagnosed with progressive supranuclear palsy, she said in August 2020, describing it as a brain disease that slows physical movements and eventually leads to dementia with prominent behavioural changes.
Mr Lee’s latest comments come days after Senior Minister Teo Chee Hean told Parliament on Thursday that police have opened investigations into Mr Lee and his wife for the possible offences of lying under oath.
The couple left Singapore after refusing to go for a police interview that they had initially agreed to attend, Mr Teo said in a written reply.
Police later said they left Singapore after being engaged in June 2022, and have not returned since.

In 2020, the Court of Three Judges and a disciplinary tribunal found that the couple had lied under oath during disciplinary proceedings against Mrs Lee, a lawyer, over her handling of the last will of Mr Lee Kuan Yew, who died on March 23, 2015, at the age of 91.
Mrs Lee had been referred to a disciplinary tribunal by the Law Society over her role in the preparation and execution of the last will, which differed from his sixth and penultimate will in significant ways, and did not contain some changes he had wanted and discussed with his lawyer, Ms Kwa Kim Li, days earlier.
Among the differences was a demolition clause – relating to the demolition of his 38 Oxley Road house after his death – which had not been in the sixth or penultimate will but was in the last.


This clause became a sticking point among the late Mr Lee’s children.
Mrs Lee’s role in the will had sparked a complaint by the Attorney-General’s Chambers to the Law Society about possible professional misconduct on her part.
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A demolition clause for 38 Oxley Road, which was in Mr Lee Kuan Yew's last will but not the penultimate one, became a sticking point among his children. PHOTO: ST FILE
After the disciplinary tribunal found her guilty of grossly improper professional conduct, it referred the case to the Court of Three Judges, the highest disciplinary body to deal with lawyers’ misconduct.
Mrs Lee was suspended by the Court of Three Judges from practising as a lawyer for 15 months.

On Friday, Mr Lee Hsien Yang also told Bloomberg news agency in a phone interview from Europe that he had been approached by some to contest the upcoming presidential election, which is expected to be called by September 2023, and that he would consider doing so.
However, several lawyers and law academics said the finding by the disciplinary tribunal and Court of Three Judges that Mr Lee had lied under oath may affect his chances of candidacy.
In his Facebook post on Monday, Mr Lee reiterated the position he and his sister had held on their father’s house.
“Both of us have always accepted that the Singapore Government has the power to preserve our father’s house, but we reject the continued pretence that he had changed his mind, that he was somehow ‘ok’ with it,” he wrote.
Mr Lee also repeated allegations he had previously made on the matter, including of harassment, surveillance and smear campaigns.
He wrote: “After what I have been through, I have no confidence whatsoever in the system.”
 
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