Gopalan Nair makes "unreserved apology"; will not be jailed for "contempt of court" charge

See my earlier post about this case.

Former S'pore lawyer Gopalan Nair let off with warning after pleading contempt of court
Posted: 13 November 2008, 1046 hrs

SINGAPORE: Former Singapore lawyer Gopalan Nair will not be jailed for contempt of court but has been given a telling-off and warning against making attacks against the Singapore Judiciary in future.

In contempt of court proceedings brought against Nair by the Attorney-General on Wednesday, Nair admitted in open court that he had made statements that were punishable as contempt of court.

He then went on to offer an unreserved apology to the court and to District Judge James Leong for offending comments that he had made.

The Attorney-General brought Nair to court for remarks made in the course of a trial in the Subordinate Courts between July and September this year, attacking the Singapore Judiciary and District Judge James Leong by stating that the courts were being abused for political ends.

He later repeated comments on the independence and impartiality of the Singapore Judiciary and District Judge James Leong in two blog postings about the trial.

On Wednesday however, Nair admitted in the Subordinate Courts that he had made utterances and statements that were punishable as contempt of court and went on to offer an unreserved apology to the court and to District Judge James Leong.

Nair also stated in public and on record, that he unconditionally withdrew the allegations made against the District Judge and any statements imputing that the Singapore courts are beholden to the government.

The former lawyer also undertook in public not to make such statements in future and to remove the offending blog posts as soon as possible.

In view of Nair's unreserved apologies and undertakings which were made in public and on record, the Deputy Solicitor-General told the court that the Attorney-General would not be pressing for a jail sentence.

Considering that Nair had purged his contempt and had shown remorse, District Judge Leslie Chew admonished Nair, warning him against launching attacks against the Singapore Judiciary in future.

Nair was also ordered to pay legal costs to the Attorney-General.

- CNA/sf

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Nair apologises, warned
In view of his remorse, judge admonished him in open court
By Goh Chin Lian, ST ONline, 13 Nov 2008

FORMER Singaporean lawyer Gopalan Nair has made an unreserved apology to the court and a district judge for offending statements he made during a recent trial and on his blog.

Nair, now an American citizen, also unconditionally withdrew the allegations he made against District Judge James Leong and any statements imputing that the Singapore courts are beholden to the Government.

The Attorney-General's Chambers (AGC) said in an statement on Thursday that in view of Nair's apology and undertaking not to make such statements in the future and to remove the offending blog posts, the Attorney-General will not be pressing for the 58-year-old to be sent to jail.

The statement was released a day after a hearing in the Subordinate Court in an application by the Attorney-General to start contempt of court proceedings against Nair.

That hearing came two months after Nair began serving a three-month jail term on Sept 20 for insulting a High Court judge.

The latest hearing, on Wednesday, was over comments that Nair made during a trial in the Subordinate Courts presided over by District Judge James Leong. This was for offences under the Miscellaneous Offences (Public Order and Nuisance) Act.

During that trial, held on various dates between July 24 and Sept 5, Nair 'attacked the independence and impartiality of the Singapore Judiciary and District Judge James Leong by stating, inter alia, that the courts were being abused for political ends', the AGC said.

He also 'attacked the independence and impartiality of the Singapore Judiciary and District Judge James Leong in his blog 'Singapore Dissident'.'

Nair's comments were made in two blog postings - on Sept 1 titled 'Another classic case of trying to use the courts to silence dissent'; and on Sept 6 titled 'Convicted'.

The AGC said that at Wednesday's hearing, Nair 'admitted in open court that he had made the utterances and statements that were punishable as contempt of court'.

'He then went on to offer an unreserved apology to the court and to District Judge James Leong for the offending utterances and statements made by him'.

The statement added that Nair 'also proceeded to state, in public and on record, that he unconditionally withdrew the allegations made against District Judge James Leong and any statements imputing that the Singapore courts are beholden to the government'.

Nair 'further undertook in public not to make such statements in future and to remove the offending blog posts as soon as practicable'.

The case was heard in by District Judge Leslie Chew.

The AGC statement said District Judge Chew found that Nair 'had purged his contempt' and in view of his remorse, the judge admonished him in open court.

Nair was also 'warned against launching attacks against the Singapore Judiciary in future', and ordered to pay legal costs to the Attorney-General.