Re: TRE reader explains why PM Press Sec got it wrong
[h=2]
Ravi: Ms Chang’s notes confirm what I didn’t say[/h]
January 14th, 2015 |
Author:
Editorial
“The important point is that I did NOT say at the hearing that Mr
Ngerng did not want to be cross-examined”
Roy Ngerng's Lawyer M Ravi
Yesterday (13 Jan), in response to a statement from blogger Roy Ngerng’s
lawyer M Ravi (‘
PM’s press secretary issues erroneous statement‘), PM Lee’s
press secretary Ms Chang Li-Lin issued a media statement to rebut Mr Ravi.
Mr Ravi was responding to Ms Chang’s earlier statement (12 Jan) that Roy did
not want to be cross-examined:
“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 this by 30 January
2015. PM Lee stands ready to be cross-examined, a position he has maintained
right from the beginning.”
In yesterday’s statement, Ms Chang said, “M Ravi is wrong, and Mr Ngerng, who
was not present during this part of the hearing, has made yet another baseless
allegation.”
Her statement was based on notes taken by Mr Lee’s lawyers from Drew &
Napier.
“My statement that the Prime Minister stood ready to be cross-examined right
from the beginning and had previously informed the Court of that position is
also correct,” she added, citing a letter dated Dec 22, 2014, and court
submissions on Jan 9 this year as occasions on which Drew & Napier had
indicated to the court that Mr Lee was ready to be cross-examined.
With regard to Ms Chang issuing public statements on behalf of Mr Lee in this
private lawsuit, Ms Chang said, “He (Ravi) 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 said.
Ms Chang produced notes from Drew & Napier, taken during the court
session, to bolster her arguments that Roy did not want to be cross-examined
(‘
PM’s Press Sec: Entirely proper for me to be involved‘).
Replying to Ms Chang today (14 Jan), Mr Ravi wrote:
“Is Mr. Roy Ngerng prepared to give evidence and be
cross-examined?” YES.
This can now be confirmed on the basis of Roy’s instructions to his
advocates, Mr Ravi said.
“Is it correct to say that I “indicated at the hearing that Mr Ngerng did
not want to be cross-examined.”? NO.
This is an inaccuracy in a press release issued under the name of Ms Chang
Li-Lin, the Press Secretary to Prime Minister Lee Hsien Loong, Mr Ravi
added.
The Saga Continues
Mr Ravi said that the notes from Drew & Napier, which Ms Chang based her
arguments on, are best described as abbreviated jottings in the usual type of
legal short-hand.
However, Mr Ravi countered that the notes did not say that
“Mr Ngerng’s
lawyer indicated at the hearing that Mr Ngerng did not want to be
cross-examined.”
“Indeed the jottings nowhere use any language such as ‘did not want to be
cross-examined’ or anything like it,” Mr Ravi added.
So, where did Ms Chang get the idea that Mr Ravi “
indicated at the
hearing that Mr Ngerng did not want to be cross-examined” ?
Drew & Napier’s jottings referred to two interjections by Mr Lee’s lawyer
made immediately after Mr Ravi’s reference to Roy giving evidence:
“P [Counsel for the Plaintiff]: I will be xxing [cross-examining] if standing
as AEIC” [if Mr. Roy Ngerng’s affidavit is to be admitted to stand as evidence
in chief]
“P [Counsel for the Plaintiff]: If D [Mr. Roy Ngerng] chooses to give AEIC
[affidavit of evidence in chief] in whatever form, I will be xxing
[cross-examining]”
Mr Ravi explained, “As an advocate should do at that point in the forensic
exchange, I moved swiftly to protect my client’s right to have the final say
whether to give evidence in chief (and be cross examined). I felt this was
necessary given the sudden display of fervour of my learned opponent to engage
in “xxing” my client and an advocate knows his client’s instructions are
paramount.”
“I was not taking notes of what I was saying however my recollection is that
I said, when asked, I would take instructions. The jottings provide a
fascinating clue to this when a key question is raised by me towards the end,”
he added.
And that clue is:
“MR: If my client decides to file AEIC, does he have to file
app?”
At this point, Mr Ravi was asking the judge whether if Roy did decide to give
evidence, would the Court be expecting a further application.
“This is precisely consistent with my previously stated position that
my recollection is that I indicated at the hearing that I would be
taking instructions on whether Mr Ngerng would be giving evidence,” Mr
Ravi explained.
“Curiously, and sadly perhaps, PSPM (Ms Chang) makes no mention of this key
question in what is otherwise a very comprehensive discussion of the jottings,”
he further added.
“There are other points of detail in PSPM’s (Ms Chang’s) rebuttal with which
one could disagree, but I do not wish to unduly burden PSPM (Ms Chang) with
minor quibbles.”
Mr Ravi concluded in his statement, “The important point – and a point that
bears repetition – is that I did NOT at the hearing say that Mr Ngerng
did not want to be cross-examined. This is confirmed by the
jottings. I thank PSPM (Ms Chang) for producing them and thereby putting the
record straight.”