AGC says Donald Low’s Facebook post on Pritam Singh's trial was in contempt of court

SINGAPORE: Academic Donald Low’s Facebook post on the trial of opposition leader Pritam Singh was in contempt of court, the Attorney-General’s Chambers (AGC) said on Saturday (Oct 19) as it considers if further action is needed. 

Mr Low’s post on Oct 18 contained comments on evidence that emerged in the State Courts in Singh’s trial. The Workers’ Party (WP) chief is accused of lying to a parliamentary committee about what he intended to do after he found out that his then-MP Raeesah Khan had lied in parliament. 

The Facebook post, which has since been taken down, also contained allegations against MP Rahayu Mahzam, who was a member of the Committee of Privileges (COP) that was convened to look into Ms Khan’s case. 

The AGC said it asked Mr Low to take down his Oct 18 Facebook post. 

“AGC is considering whether further action is necessary,” it added. 

It also reminded members of the public that while court proceedings are ongoing, they should not prejudge issues which will be decided by the court. 

“Such issues include whether a witness is credible or not, and whether the accused is guilty or not,” said the AGC. 

“Intentionally publishing public comments which prejudge such issues when court proceedings are ongoing would prejudice or interfere with, or would pose a real risk of prejudice to or interference with, the course of the pending court proceedings.”

This would amount to the offence of contempt of court, AGC added.

Ms Rahayu said earlier on Saturday that her lawyers had written to the Hong Kong-based academic for an apology over what she deemed defamatory statements that “crossed the line” and “impugned my character and integrity”.

Ms Rahayu’s name emerged at trial on Oct 17 when Singh’s lawyer Andre Jumabhoy was questioning Ms Loh Pei Ying – a former WP cadre member and assistant to Ms Khan.

Ms Loh had stated that she redacted a WhatsApp message from former party member Yudhishthra Nathan that was submitted to the COP because it was related to another MP.

But under defence grilling, she admitted it was a lie.

"I was worried these documents would become public and I didn't want him (Mr Nathan) to be attacked for it, but the entire conversation was verified by a senior parliamentary staff and Ms Rahayu Mahzam who sat beside me and verified every message before it was redacted on my phone, they agreed it should be redacted," Ms Loh told the court. 

Ms Loh said she had spent three hours going through WhatsApp messages with Ms Rahayu and another parliamentary staff member, before Ms Loh went home and prepared the document containing the messages for the COP.

Mr Jumabhoy then questioned if Ms Rahayu knew what she was redacting, and agreed to the redaction.

"No, this redaction is mine, but my position is that she would have seen (the message)," said Ms Loh.

DONALD LOW APOLOGISES

In a Facebook post on Saturday, Mr Low said he had made false allegations in relation to Ms Rahayu that “wrongly impugn her character and integrity”.

“I undertake not to make any further statements on these matters, or to make any allegations to the same or similar effect, in any manner whatsoever,” Mr Low said.

In an earlier post on the same day, Mr Low also said that he now understands that his Oct 18 post prejudged issues in the pending court proceedings in Singh’s trial.

“Such prejudgment prejudiced, interfered with, or posed a real risk of prejudice to or interference with, the course of the pending Court proceedings,” he wrote.

“I apologise to the Court, and I have taken down my offending Facebook post.”

Mr Low is a Senior Lecturer and Professor of Practice at the Institute of Public Policy of the Hong Kong University of Science & Technology. 

He was previously the Associate Dean for Executive Education and Research at the Lee Kuan Yew School of Public Policy, National University of Singapore.