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Obituary: Joshua Jeyaretnam Print Email
Friday, 10 October 2008

Geoffrey Robertson
The Guardian


Lawyer and activist, he was for many years the only political opposition to Singapore's rulers

Joshua "Ben" Jeyaretnam, who has died aged 82, was for many years Singapore's only political opposition, standing courageously for universal values of fairness and free speech against Lee Kuan Yew's "Asian values" of hierarchical order, public submissiveness and government by the fittest - that is himself, his son and his People's Action party (PAP). Jeyaretnam, as leader of the Workers' party, was regularly persecuted, briefly imprisoned and ultimately bankrupted by colonial libel and contempt laws, but he continued his struggle to make Singapore a more open society.

Born into an Anglican family of Christian-Tamil descent in then Ceylon (now Sri Lanka), he was educated at St Andrew's school, Singapore, during the Japanese occupation and won, via a correspondence course, a place to study law at University College London. There, a lecture by Nye Bevan inspired his early socialist beliefs. They were put on hold while he developed a successful legal practice back in Singapore, where he became increasingly angered by the PAP government's attacks on trade unions. So in 1971 he made his political move, joining the Workers' party, which was at that time moribund through lack of effective leadership.

His first electoral attempts failed, but his mild criticisms of the government, delivered in a deep and booming voice from the hustings, infuriated Lee Kuan Yew, who in 1978 attempted to crush him with a libel case. In court, with the help of his wife, dying of cancer, and of John Mortimer QC acting pro bono, Ben survived, albeit much poorer from the libel damages, to fight another day. That day came in 1981, when the electors of the constituency of Anson stood up to PAP threats to cut their public utilities and elected Ben as Singapore's first opposition MP.

This victory was the trigger for a long-running campaign to diminish and then destroy him. He was forced to pay the Kuan Yews and other PAP grandees for criticisms that would scarcely raise eyebrows in real democracies, and was fined for contempt of parliament for making allegations of the kind commonly made by MPs in other countries: he estimated he had paid out more than 1.6m Singapore dollars in damages and costs. His bankruptcies disqualified him for several periods from parliament and no shops would stock his books: he was forced to sell them on street corners.

Ironically, it was the PAP government's obsession with destroying - rather than merely defeating - its opponents which led it to overplay its hand. Not content with having him convicted, bankrupted, and expelled from parliament, its obsession with humiliating him led it in 1987 to take away his right to practise law. But it failed to notice an obscure clause in the Legal Practitioners Act, which permitted an appeal by a debarred solicitor to the privy council in London.

It was there that the whole trumped-up series of charges against Ben unravelled. The English law lords reviewed the case and voiced a devastating condemnation of the Singapore judges who had handled it, expressing "deep disquiet that by a series of misjudgments" Ben and his co-accused had suffered a grievous injustice.

The Singapore government responded by abolishing all appeals to the privy council, and still adamantly refuses to sign any human rights treaty which would permit any more decisions of its courts to be appealed to an international tribunal. But the privy council judgment in Jeyaretnam's case still resounds, as a warning to other judges tempted to fail in their task of standing up for the subject against the state.

For the last 40 years, Ben pointed out Singapore's democratic deficit. His speeches were not properly reported in the Straits Times, and any foreign newspaper that interviewed him risked having its circulation cut to 400 copies and sold only in tourist hotels. His voice was loudest in 1988 when Lee and son (the latter as home affairs minister) detained for two years without trial 20 young Catholic youth workers, lawyers and playwrights accused of participation in a "Marxist plot".

They were tortured by use of what Lee junior (now Singapore's prime minister) described as "psychological pressure" to extract confessions - dressed in cotton pyjamas, they were blasted for hours with freezing cold air conditioners. With organisations such as Amnesty banned from Singapore, Ben's voice was important in exposing the cruelty of their treatment.

Ben felt that many western criticisms of Singapore were misplaced. They focused on laws against jay-walking, urinating in public and dropping chewing gum wrappers. The real concern was that the PAP had turned the city state into an ersatz democracy by suppressing well-intentioned dissent, and even the reporting of such dissent, in order to maintain its monopoly of power. His views were set out in a book in 2003 by Chris Lydgate that serves as his biography: Lee's Law - How Singapore Crushes Dissent.

Ben was never in any realistic sense Lee's rival for national leadership. With his tailored waistcoat, watch chain and mutton-chop whiskers, he looked the model of a Gladstonian Liberal, but voters who wanted their monorails to run on time preferred PAP precision to the shambolic Workers' party. Nonetheless, the persecution he stoically suffered gave his life a significance it would not otherwise have had.

The PAP, which has ruled Singapore since 1965, still holds 82 of the 84 elected seats in parliament. Ben lost his seat in 2001, bankrupt again because he could not pay another $367,000 libel judgment to Lee and son.

However, on emerging from bankruptcy earlier this year, he helped to form the Reform party and announced that he would once again stand for parliament, in an attempt to give Singapore "rights that are most essential to our well-being: the right to speak up freely, the right to tell the government that the way things are going is wrong".

Ben's wife, Margaret, whom he met when studying law in London, died in 1980. He is survived by two sons, Kenneth, an economist, and Philip, a poet and president of the Law Society of Singapore. The privy council's recommendation that the Singapore government make amends for his wrongful conviction has, of course, been ignored.

A future generation will understand that Ben deserves not only to be pardoned, but to be honoured.

Joshua Benjamin Jeyaretnam, lawyer and politician, born January 5 1926; died September 30 2008

http://www.guardian.co.uk/world/2008/oct/07/2




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Comments (18)
  • Muhammad Shamin - Wondering
    I just wonder what they will say about LKY when he's dead. Maybe they will say something like "The retired dictator..." or "Democracy Terminator" or wateva.
  • Bernard Chan - Sue Guardian?
    "A future generation will understand that Ben deserves not only to be pardoned, but to be honoured."

    I this article, the Guardian newspaper touch on the "misjudgements" of the Singapore judges and it ends with this strong and firm statement with a "will" and not "would". Thus the Guardian is so sure of its "judgement".

    Would not the LKY interpret that they are labeling the Singapore judges take sides in passing sentences. Personally I do interpret it that way if I am care enough to read between the lines.

    So is LKY, cancer junior LEE and the Singapore chief justice going to sue Guardian?

    I challenge them to sue Guardian.
  • AnnA - Looking Back
    Looking Back at how the Lees & Co had sued many other foreign tabloids, I am pretty sure that this time, it is a challenge. Good.

    Does the Lee realised that people are getting tired with their 'winning' stories all the time? Hence, the statement(non-italic) on the last paragraph was a nice finish line.

    Way to go SDP and thank you for highlighting what is written from another 'world'. A very direct and great article by The Guardian!

    SYABAS!!
  • Sue the World.... - The World is Against Us
    The world has defamed our GREAT LEADERS.

    Lets get our AG to sue Washington Post, NY Times, The Guardian, IHT, The Star, Reuters, AP, UPI, and etc....

    The compensation received could help to revive our faltering economy.....
  • Drama - Simulation
    One weekday morning, top state lawyer (TOP)went up to meet with the defacto GREAT LEADER (GL):

    GL: Have u not read papers recently?

    TOP: Yes Sir. I did. Every morning I finished the ST and Zaobao before breakfast?

    GL: Don't talk rubbish. Who asked u about ST and Zaobao. Even my body guards don't read ST and Zaobao.. U mean u don't read international News Agency and NYT, IHT and etc...

    TOP: No Sir. These papers are manned and written by liers.. They are out to do us in. If any, I would use it to wipe my bottom in the toilets....

    GL: Did u not receive the fax copies my Intel Chief faxed you? Don't tell me u r like Chen Shui Bian... do not read about the report on money laundering submitted by his Intel Chief..

    TOP: Oh, yes Sir. Those that u wanted me to read,I read lah... They are preposterous, defamatory...

    GL: Sue them....

    TOP: Sir, OK I will file our papers against them in Washinton, New York, London, Paris, KL and even JAKARTA..

    GL: You idiot. I thought u were among the smaretest of your batch in the law school. What for sue them in places where the Courts are not fair and partial... Sue them in a place where the judges are fair, impartial and know their work...

    TOP: OK Sir. I will do it right away...

    Back to his office, TOP called the son.

    TOP: Sir, your daddy summoned me to his bedroom this morning. U know what, he wanted me to sue the world...

    Son was panicked... and called daddy...

    Son: Pa, Pa... are u there...

    Dad cut threw down the phone... He muttered to sick wife... Your bloody son has no balls.. if I am not around, Panjang will have him swallowed...
  • Eddie
    who said that singaporean will lives beyond the age of 85......
  • ah beng - opposite effects
    Ha,the more they sue, the more their reputation goin down the drain.Wake up, the world is laughing at you.You malu us singaporeans.You think you protect your reputation? You cannot becos you dun have one in the first place. People are not stupid lah,If you really very nice, then why other media criticise? People dun criticise for nothing. If you really world class, how come you cannot accept critics? How come you dun have the ability to prove your critics otherwise by engaging them in talks? Or show proofs? Why must always sue? It is becos you cannot accept your own shortcomings. You losers.
  • David
    Geoffrey Robertson
    The Guardian

    Look like the our dear honest government is going to sue The Guardian ! Please sue the guardian to show integrity ! It is defamation on Guardian's side. It is so dishonorable of Guardian to reveal the brutal truth which is unacceptable to our government.

    Our gov must now issue immediate sue to Guardian otherwise our gov has no integrity.

    We support the sue amidst of coming recession. Show Guardian what PAP is made of ,and what is it all about. Sue to show how dictatorship and oppression rule the earth.
  • David
    The following statements are a insult and defamation to our expensive and honourable government. Guardian must be sued now. These truth must never be told to the world blatantly and the only way these truths can be controlled is to sue Guardian else it set more precedents.
    I urge PAP to sue Guardian so to ensure Lee's oppressive regime last forever.
    LKY, and LHL, please take the lead to sue these AngMoh for delivering the brutal truth, and in return show the brutal truth of going against the PAP machinery as you show JBJ, Dr Chee

    "The Singapore government responded by abolishing all appeals to the privy council, and still adamantly refuses to sign any human rights treaty which would permit any more decisions of its courts to be appealed to an international tribunal. But the privy council judgment in Jeyaretnam's case still resounds, as a warning to other judges tempted to fail in their task of standing up for the subject against the state."

    "Ironically, it was the PAP government's obsession with destroying - rather than merely defeating - its opponents which led it to overplay its hand. Not content with having him convicted, bankrupted, and expelled from parliament, its obsession with humiliating him led it in 1987 to take away his right to practise law. But it failed to notice an obscure clause in the Legal Practitioners Act, which permitted an appeal by a debarred solicitor to the privy council in London."

    "A future generation will understand that Ben deserves not only to be pardoned, but to be honoured."

    Please don't wait. Honour and integrityy is at stake. Show the world what PAP stands for.

    (P)unished, (A)nnihilated, (P)erished. Pick your choice, Guardian.
  • David
    "The compensation received could help to revive our faltering economy....."

    For commercial interest and business opportunities, we ought to use these publishing houses for publishing information unfavourable to our gov.

    Suing is the future business for ruling party. Just imagine how much of it can make our coffers rich and wealthy in the midst of the recession.

    Sue Sue all the way.
  • V.Benedict - A reply to Eddie
    In future, Singaporean can opt to live after 85 provided that they apply for Certificate of Entitlement to live after 85. (with GST)
  • V.Benedict - My suggestion to the world's press
    Kindly blackout all things and news about Singapore.
    In doing so, you won't get sued.
  • Brendan - Print edition?
    Does The Guardian have a print edition? If so, can the Tuesday October 7 2008 edition be bought here? Just wondering.....
  • ah beng - sueing is our business and business is good
    C'mon PAP, sue the whole world, you can do it. Then impose the death sentence on everyone in the world. Build a nuclear bomb and destroy the world. Punish And Punish And Penalise And Prosecute............ oh how we love this drama from MediaCorpse. Keep it up, PAP, you are sooooo great. Sieg Heil!Voll geil.Totale Idioten.
  • Anonymous - UK is doing us in...
    Guardian has the backing from IBA, both in the same country
  • Mike - Sue Sue and Sue
    Please sue the guardian and win elsewhere, and I will be a convert.

    You and your gang is like the street corner bully that make us sick.
  • AnnA - Mike
    [quote=Mike]Please sue the guardian and win elsewhere, and I will be a convert.

    You and your gang is like the street corner bully that make us sick.[/quote]

    It sounds like you are implying the PAP. It does fit PAP, mannn... But you are on the wrong comment website lah.

    No need to convert... you can merely inhale deeply, relax and think logically to understand what is happening surrounding you, me, your family, my family, others' families by that famiLee. Please, hit that senses!
  • Jeremy Pereira - Hooray for JBJ
    Great to know a bit of background about JBJ
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