(2023) SGHC 65
(2023) SGHC 65
(2023) SGHC 65
[2023] SGHC 65
Between
JUDGMENT
[2023] SGHC 65
Introduction
Background
the Second Schedule of the MDA, for importing the two packets of granular
substance found to contain not less than 40.22g of diamorphine, a controlled
drug under Class A of the First Schedule to the MDA (the “Drugs”). Gobi’s
defence counsel at the time was Mr Shashi Nathan.
6 At trial, the sole issue before the High Court was whether Gobi had
rebutted the presumption of knowledge under s 18(2) of the MDA (the “s 18(2)
MDA presumption”). Section 18(2) of the MDA states:
7 At first instance, Gobi’s case was that he thought the Drugs were a form
of mild controlled drug mixed with chocolate, and thus that he did not know that
the Drugs were a Class A controlled drug. The Prosecution’s case was that Gobi
“knew or was wilfully blind as to the nature of the drugs” [emphasis added]: see
Public Prosecutor v Gobi a/l Avedian [2017] SGHC 145 (“Gobi (Trial)”) at [2].
At the conclusion of the trial, the High Court found Gobi’s testimony credible,
and that he had rebutted the presumption of knowledge under s 18(2) of the
MDA: see Gobi (Trial) at [53]. The High Court accordingly acquitted Gobi on
the charge that was brought but convicted him on an amended lesser charge of
attempting to import the Drugs believing it to be a controlled drug under Class
C. Gobi was sentenced to 15 years’ imprisonment and ten strokes of the cane
on the amended charge and acquitted of the capital charge.
held that Gobi had failed to rebut the presumption of knowledge under s 18(2)
of the MDA. On 25 October 2018, it set aside Gobi’s conviction on the amended
charge and convicted Gobi of the original capital charge: see Public Prosecutor
v Gobi a/l Avedian [2019] 1 SLR 113 (“Gobi (Appeal)”).
11 The Prosecution’s case, however, was that the accused had been wilfully
blind to the existence of the drugs in question. The Court of Appeal held that
the Prosecution could not invoke the s 18(1) MDA presumption in relation to
wilful blindness because the s 18(1) presumption was a presumption of fact
while the doctrine of wilful blindness was a construct of law which described a
mental state falling short of actual knowledge but that was treated as its legal
equivalent. The Court of Appeal, however, left open the question of whether the
same was true of s 18(2) of the MDA: see Adili at [69].
In particular, Mr Wong added that he was “... instructed to state that we are
expressly reserving all our rights against Mr Ravi” (the “Reservation
Statement”). Mr Ravi sought to clarify the meaning of the Reservation
Statement during the hearing, but was directed by the Assistant Registrar to seek
clarifications from the AGC thereafter.
Gobi (Review)
16 The Court of Appeal then found that the Prosecution’s case had changed
from one of wilful blindness at trial to one of actual knowledge on appeal. In
this regard, the Court of Appeal observed that “[t]his change in the
Prosecution’s case was ultimately prejudicial to [Gobi] because he was never
squarely confronted with the case that he did not in fact believe what he had
been told by [the relevant persons], and so he could not have responded to such
a case” (see the Brief Grounds at [20]). As the Prosecution’s case at trial was
premised on wilful blindness, the court held that the Prosecution was not entitled
to rely on the presumption of knowledge under s 18(2) of the MDA at all.
Yes, this morning, the Court of Appeal has set aside the death
sentence of Gobi Avedian, who is a Malaysian, on account of
miscarriage of justice.
This has made judicial history in Singapore, because it is for
the first time that a case, a death penalty case, which has run
its course to the Court of Appeal, after the clemency petition
has been rejected by the President on the advice of the Cabinet,
after all has been gone and when Gobi or the death penalty
inmate has been facing an execution, that this case had been
reviewed by the Court after we filed an application, and the
Court has reviewed its previous decision, the Court of Appeal.
And the Court of Appeal concluded that the previous decision
is demonstrably wrong. Demonstrably wrong on the basis that
there was another decision by the Court of Appeal that
established the principles of willful blindness, which the
previous Court of Appeal did not have the benefit. So therefore,
when I filed the application, I pointed to the Court that in view
of the latest decision, in the case of Adili, this Court of Appeal
case on the definition of willful blindness. The Court of Appeal
accepted that in view of the latest decision, in this case the
…
[emphasis added in italics, bold and underline]
21 Later that day, Mr Ravi uploaded the DAG’s Letter in a Facebook post
(the “First Facebook Post”). The material parts of the First Facebook Post are
as follows:
10
statements. He maintained that there was sufficient basis, “both objective and
subjective”, for the statements to be made. Accordingly, Mr Ravi took the
position that the AGC’s requests for a public apology and retraction of the
relevant statements were “not only plainly without basis, but also insulting
given the fact that [the AGC had] treated Gobi’s life with such a blatant
disregard, whom [Mr Ravi] was trying to save at the eleventh hour and which
he eventually succeeded”. He concluded the Reply Letter by stating that
“[r]egardless of the Prosecution’s apology…, we have firm instructions from
Gobi and his family to commence legal action and enforce his rights against [the
AG, the DAG], and members of the Prosecution who had carriage of this matter
in Gobi (Appeal) and Gobi (Review)”.
23 Mr Ravi uploaded the Reply Letter in a Facebook post on the same day.
In that post (the “Second Facebook Post”), he reiterated that he had been
instructed to commence legal action (as set out in the foregoing paragraph).
25 On 23 October 2020 (one day after the Second Facebook Post was
published), the DAG referred a complaint against Mr Ravi to the Law Society
pursuant to s 85(3)(b) of the LPA (the “Complaint”). The Complaint was made
11
in relation to the Interview Statements, the First Facebook Post and the Second
Facebook Post, and requested that the Law Society refer the matter to a
disciplinary tribunal. Following the Complaint, the Council of the Law Society
applied to the Chief Justice to appoint a disciplinary tribunal. The DT was
constituted to investigate the Complaint on 25 March 2021.
26 The Law Society preferred four primary and three alternative charges
against Mr Ravi (collectively, the “Charges”). The first charge concerned Mr
Ravi’s First to Third Interview Statements, and read as follows (the “First
Charge”):
1ST CHARGE
You, Ravi s/o Madasamy, an Advocate and Solicitor of the
Supreme Court of Singapore, did on 19 October 2020 attend a
live interview with Online Citizen Asia in which you made, inter
alia, the following statements in relation to the Court of Appeal’s
decision in [Gobi (Review)]:
“… the Public Prosecutor has been overzealous in his
prosecution and that has led to the death sentence...”
“And one of the things which is troubling in this decision
today, is that the Court noted that the Attorney General,
or the Public Prosecutor ran a different case in the High
Court and the Court of Appeal. Then that begs the
questions and calls into the fairness of the administration
of justice in Gobi’s case by the Prosecution…”
“… because the Prosecution as the Court observed, ran a
different case in the High Court and the Court of Appeal.
So therefore, the Prosecution, essentially the fairness of
the Prosecution, is called into question by the Court
itself.”
which are false and/or misleading allegations intended to
convey to listeners of the interview and/or readers of [TOC Asia]
that the Public Prosecutor and/or [the AG] had acted in bad
faith, maliciously and/or improperly, so as to discredit [the
AGC] and/or its legal officers in the eyes of the public, and you
have thereby committed an act amounting to misconduct
unbefitting an advocate and solicitor as an officer of the
Supreme Court or as a member of an honourable profession
under Section 83(2)(h) of the Legal Profession Act (Cap 161).
12
[emphasis in original]
2ND CHARGE
You, Ravi s/o Madasamy, an Advocate and Solicitor of the
Supreme Court of Singapore, did on 20 October 2020 make and
post on your Facebook page the following statements:
“… when these government lawyers who handled the
Gobi’s case are the wrongdoers.”
“I have already taken instructions from Gobi and his
family to commence proceedings against [the AG], [the
DAG], Mr Faizal SC in court. I will file the writ of summons
in the next few days for both personally against all 3 of
the above Government lawyers and also against their
offices in which they hold public appointment. They have
to be accountable to Gobi and his family in court and be
subject to rigorous cross-examination and public scrutiny
of their conduct of Gobi’s case…”
which statements contain a baseless accusation of misconduct
and/or a threat to commence legal proceedings against your
fellow legal practitioners, and you are thereby guilty of improper
conduct within the meaning of section 83(2)(b)(i) of the Legal
Profession Act (Cap 161) read together with Rule 7(2) of the
Legal Profession (Professional Conduct) Rules.
13
28 The third charge and third alternative charge concerned Mr Ravi’s Third
Facebook Statement, which was directed at the Law Society (the “Third
Charge” and “Third Alternative Charge” respectively):
3RD CHARGE
You, Ravi s/o Madasamy, an Advocate and Solicitor of the
Supreme Court of Singapore, did on 20 October 2020 make and
post on your Facebook page the following statement:
“I will also commence proceedings against law society if
it does not do its part to protect lawyers and their
independence of the profession if it entertains any further
complaints or partcipates [sic] in any harassment by [the
AG] to harass me in doing my job.”
which statement contains a threat to commence legal
proceedings against the Law Society and/or a baseless
insinuation that the Law Society misuses its statutory powers,
and you are thereby guilty of improper conduct within the
meaning of section 83(2)(b)(i) of the Legal Profession Act (Cap
161) read together with Rule 8(3)(b) of the Legal Profession
(Professional Conduct) Rules.
14
4TH CHARGE
You, Ravi s/o Madasamy, an Advocate and Solicitor of the
Supreme Court of Singapore, did on 22 October 2020 send a
letter to the Attorney General Chambers threatening to
commence legal proceedings against [the AG], [the DAG], and
members of the prosecution who had carriage of the matter in
CA/CCA 20/2017 and CA/CM 3 of 2020, and you are thereby
guilty of improper conduct within the meaning of section
83(2)(b)(i) of the Legal Profession Act (Cap 161) read together
with Rule 7(2) of the Legal Profession (Professional Conduct)
Rules.
15
30 Following the hearing before the DT, which took place from 28 to 29
July 2021, the DT released its findings in its report dated 20 December 2021
(the “DT Report”).
31 In relation to the First Charge, the DT considered that the key issue was
whether the Interview Statements constituted fair criticism. This was Mr Ravi’s
sole defence to the First Charge before the DT. In the DT’s determination,
whether the Interview Statements constituted fair criticism depended in turn on
whether Mr Ravi had “any rational basis” for making these statements. The DT
found it relevant to consider the factors set out in Attorney-General v Tan Liang
Joo John and others [2009] 2 SLR(R) 1132 at [15]–[23] (and affirmed by the
Court of Appeal in Shadrake Alan v Attorney-General [2011] 3 SLR 778) in the
context of the law of contempt of court. Applying these factors, the DT found
that Mr Ravi had a rational basis for making all three Interview Statements and
that the First Charge was not made out.
32 In relation to the Second Charge, the DT found that Mr Ravi had failed
to treat the AG et al with courtesy and fairness in breach of s 83(2)(b)(i) of the
LPA read with r 7(2) of the PCR, by publicly communicating his intention to
commence an action against them in the First Facebook Post. In this regard, the
DT accepted Mr Ravi’s explanation that the use of the word “wrongdoers”
referred to those responsible for the commission of a civil rather than a criminal
wrong, and that the Second Facebook Statement was not a threat made by
Mr Ravi to commence legal proceedings. The DT found, however, that it was
not proper of Mr Ravi to have made allegations of misconduct without referring
the matter to the appropriate body.
16
33 For the Third Charge, the DT found that Mr Ravi, by making the Third
Facebook Statement, had acted in a manner contrary to a legal practitioner’s
position as a member of an honourable profession pursuant to s 83(2)(h) of the
LPA read with r 8(3)(b) of the PCR. In the DT’s view, the Third Facebook
Statement constituted a threat against the Law Society and an accusation that it
was complicit in alleged “harassment” by the AG. The fact that Mr Ravi had
made the statement in a public forum also compounded the severity of his
misconduct.
17
[emphasis in original]
38 Two days after OS 41 was filed, the Law Society filed the present
application on 20 January 2022 for Mr Ravi to be dealt with pursuant to s 83(1)
of the LPA.
40 The Law Society agrees with the DT’s determination that the Second to
Fourth Charges are made out, and raises no issue in relation to the First Charge
given the decision in AG v Ravi. However, it disagrees with the DT’s
determination under s 93(1)(b) of the LPA that no cause of sufficient gravity for
disciplinary action exists under s 83 of the LPA. It argues that Mr Ravi’s
18
(a) First, the Law Society contends that the DT erred in relation to
the applicable test for whether a cause of sufficient gravity arose. It
submits that the applicable test is whether the impugned conduct is
sufficiently serious and this is not confined to conduct that fell within
the categories of “dishonesty ... trustworthiness or moral turpitude, or a
conviction for a criminal offence”.
(c) Third, the DT failed to consider the “blatant and wilful” manner
in which Mr Ravi breached the PCR. In this regard, the Law Society
contends that Mr Ravi had voiced his objections publicly in order to
drum up public pressure against the AGC and the Law Society.
41 In relation to the appropriate sanction, the Law Society submits that the
penalties ordered by the DT are inadequate. It highlights, amongst other things,
Mr Ravi’s disciplinary antecedents and his lack of remorse, and seeks an order
that Mr Ravi be suspended from practice pursuant to s 83(1)(b) of the LPA. As
for the duration of the suspension, counsel for the Law Society, Ms Lin Weiqi
Wendy (“Ms Lin”) initially took the position that a suspension of three months
was appropriate. Her final position, when given the opportunity to address this
19
court in reply (after Mr Ravi had made his oral submissions), however, was that
a suspension that exceeded 15 months should be imposed instead.
Mr Ravi’s case
20
21
Issues
22
(a) whether due cause has been shown for Mr Ravi to be subject to
the sanctions in s 83(1) of the LPA; and
49 Section 83(1) of the LPA provides that all advocates and solicitors shall
be “liable on due cause shown” to be subject to the various penalties enumerated
in ss 83(1)(a)–83(1)(e). This includes censure, a monetary penalty, suspension,
and the ultimate punishment of striking the errant solicitor off the roll. In turn,
the sub-provisions relied upon in the First to Fourth Charges, namely ss 83(2)(b)
and 83(2)(h) of the LPA, provide as follows:
23
50 Neither the Law Society nor Mr Ravi disputes the DT’s findings that the
Second to Fourth Charges were made out. It is also undisputed that Mr Ravi’s
conduct in relation to the Second to Fourth Charges constitutes improper
conduct within s 83(2)(b)(i) of the LPA for breaching rr 7(2) and 8(3)(b) of
the PCR. A determination that the advocate and solicitor’s conduct falls within
one of the limbs of s 83(2) is, however, a “necessary – but not sufficient –
condition” [emphasis in original] in determining whether due cause has arisen
(Law Society of Singapore v Jasmine Gowriwamni d/o Daniel [2010] 3 SLR
390 (“Jasmine Gowriwamni”) at [35]); and it is here that the parties join issue.
Therefore, the central inquiry here is whether, on the “totality of the facts and
circumstances of the case”, Mr Ravi’s misconduct is “sufficiently serious to
warrant the imposition of sanctions under s 83(1) of the LPA” [emphasis in
original] (see Law Society of Singapore v Udeh Kumar s/o Sethuraju and
another matter [2017] 4 SLR 1369 (“Udeh Kumar”) at [30]).
51 We first consider the Law Society’s argument that the DT had erred in
the test it applied in determining whether a cause of sufficient gravity arose. In
our judgment, there was no real divergence between the standard applied by the
DT and that set out in the preceding paragraph. It is apparent from the DT Report
that the DT was cognisant of its role as a “sieve” to ensure that only the most
serious complaints are referred to the Court of Three Judges, having cited at
para 169 of the DT Report the observations of this court to similar effect in
Jasmine Gowrimani at [24] (see also Jasmine Gowrimani at [28]). Therefore,
when the DT had found that no cause of sufficient gravity arose as Mr Ravi’s
conduct did not reflect “dishonesty ... trustworthiness or moral turpitude, or a
conviction for a criminal offence”, it appeared to be listing non-exhaustive
categories of misconduct that ultimately fell within its broader assessment of
24
52 The heart of the dispute, in our view, was not as to the applicable legal
test, but the proper characterisation of the misconduct at hand. The essential
question, put another way, concerns what the gravamen of Mr Ravi’s
misconduct was. In this connection, we consider it helpful to revisit the DT’s
analysis in respect of the First Charge. While the First Charge is, strictly
speaking, not in issue before this court, a detailed examination of the DT’s
findings on that point not only sheds light on why the DT saw fit to dismiss the
First Charge, but also provides a valuable perspective on how the DT viewed
Mr Ravi’s misconduct as a whole in arriving at its determination that no cause
of sufficient gravity arose.
54 As explained at [31] above, the DT took the view that whether the First
Charge was made out turned on whether Mr Ravi had “any rational basis” for
making each of the three statements. In relation to the Second Interview
Statement, the DT considered that the question was whether Mr Ravi had a
rational basis for describing the Prosecution’s conduct of the Gobi proceedings
as “overzealous”. It therefore began its analysis on the Second Interview
Statement by considering the conduct of the Prosecution in Gobi (Trial) and
Gobi (Appeal). The DT then turned to Gobi (Review), where it noted that the
Court of Appeal had found “a change in the Prosecution’s case in [CCA 20]
because ... the Prosecution’s case in [CCA 20] before the Court of Appeal was
one of actual knowledge, and that such change in the case it ran in [CCA 20]
prejudiced Gobi”. Upon consideration of the Prosecution’s fundamental duty to
assist in the administration of justice, the DT concluded that the Second
Interview Statement was not devoid of rational basis.
55 Turning to the First Interview Statement, the DT found that there was a
rational basis for Mr Ravi to have used the term “troubling” and that the Court
of Appeal’s observation that the Prosecution had run different cases “call[ed]
26
into question the fairness of the administration of justice in Gobi’s case by the
Prosecution”. This was because, in the DT’s view, “even the Court of Appeal
itself before the review hearing was troubled over this issue”, having directed
further submissions on this point.
56 Finally, with respect to the Third Interview Statement, the DT found that
there was a rational basis for Mr Ravi to articulate the view that “the fairness of
the Prosecution [was] called into question by the Court”. This was for the sole
reason that the Court of Appeal had in Gobi (Review) noted that “the
Prosecution’s change in the case that it ran on appeal, as compared to the case
that it ran at the trial, prejudiced [Gobi]”. It was for these reasons that the DT
concluded that the First Charge was not made out.
57 While the DT’s findings in respect of the First Charge are not directly in
issue in these proceedings, we express our views in relation to these findings as
they have a bearing on our analysis of Mr Ravi’s misconduct that forms the
subject of the Second to Fourth Charges. To state our views at the outset, we do
not agree with the DT’s interpretation or analysis of the First to Third Interview
Statements. We make three observations in this regard.
58 First, and with respect, the DT did not appear to consider the full ambit
of the Court of Appeal’s observations in the Brief Grounds in its analysis of
whether Mr Ravi had a rational basis to make the Interview Statements. We
highlight the Brief Grounds because, according to Mr Ravi, he had given the
TOC Interview immediately after the delivery of the Brief Grounds, but before
he had obtained the full written judgment in Gobi (Review). His Interview
Statements, therefore, had to be seen in light of the entirety of the Court of
Appeal’s observations in the Brief Grounds. As is apparent from our brief
summary of the DT’s findings in the foregoing paragraphs, however, the DT
27
focussed its assessment on the Court of Appeal’s finding that the Prosecution
had run a different case at trial and on appeal, and that this had caused prejudice
to Gobi. As such, the DT observed that:
59 What was absent from the DT’s analysis, however, was any reference to
the Court of Appeal’s express qualification in the Brief Grounds that the
Prosecution could not have anticipated or perceived that it had impermissibly
28
changed its case at the time due to the extant understanding of the law. This, in
turn, requires a more granular examination of the procedural history of the Gobi
proceedings, the relevant episodes of which we summarise below:
(a) On 28 June 2017, the High Court found that Gobi had rebutted
the presumption under s 18(2) of the MDA that he knew that the granular
substance in his possession was diamorphine. Gobi was convicted on an
amended lesser charge of attempting to import diamorphine, believing
it to be a controlled drug under Class C of the First Schedule to the
MDA. In the course of trial, the trial judge sought clarification from the
Prosecution on whether its case was that Gobi “should not have
believed” the representations of the persons passing him the drugs
(“Vinod” and “Jega”) or that he “did not believe” these persons. The
Prosecution confirmed that its case was the former.
29
(e) On 20 April 2020, the Supreme Court Registry sent a letter to the
respective parties in Gobi (Review), conveying the Court of Appeal’s
direction to the parties to file further written submissions (the “Registry
Letter”). The Court of Appeal highlighted that contrary to Mr Ravi’s
submissions, it had not in Adili settled the question of the interface
between the doctrine of wilful blindness and s 18(2) of the MDA (see
Gobi (Review) at [36] where the Court of Appeal clarified the same). As
such, it directed parties to file further submissions on this issue. It also
sought further submissions as to whether the Prosecution had run a
different case in Gobi (Trial) and Gobi (Appeal) in relation to Gobi’s
knowledge of the nature of the drugs, and if so whether such a change
was permissible.
30
60 It is pertinent to reiterate here that Adili was released after the conclusion
of the proceedings in Gobi (Appeal). The clarification in Adili regarding the
distinction between the legal concept of wilful blindness and the factual nature
of the evidential presumption in s 18(1) of the MDA, therefore, had not yet
found expression in our case law at the time. In this regard, and critically for
present purposes, the Court of Appeal observed at [19] of the Brief Grounds
that:
In fairness to the parties, at the time of the trial, they did not
have the benefit of the guidance subsequently set out in
Adili. The DPP might thus have formulated the Prosecution’s
case on the premise that actual knowledge and wilful blindness
were not distinct concepts, and that the doctrine of wilful
blindness was relevant in considering whether the s 18(2)
presumption had been rebutted. We have now held that this
is incorrect in law …
31
32
63 Second, when the First to Third Interview Statements are set against this
understanding of the Prosecution’s conduct in the Gobi proceedings, it is our
view that there was no rational basis for Mr Ravi to have made them. We
33
consider each of the Interview Statements in turn, beginning with the Second
Interview Statement.
64 The Second Interview Statement contained the allegation that the Public
Prosecutor was “overzealous in his prosecution and that has led to the death
sentence of Gobi”. Preliminarily, we address the DT’s determination that the
word “overzealous” “did not inherently carry or imply any negative or offensive
connotation”. With respect, we cannot see how this could be. The prefix “over”,
especially when applied to the word “zealous” which in itself connotes a sense
of an energetic and enthusiastic pursuit of a cause or objective, plainly suggests
an excessive, perhaps even unrestrained, sense of enthusiasm. When employed
in relation to the Prosecution’s core function in the institution and conduct of
criminal proceedings against accused persons, this plainly connotes an improper
exercise of prosecutorial power and cannot reasonably be viewed as innocuous.
And the crux of the allegation in the Second Interview Statement was something
even more sinister; it was that this improper zeal had “led to the death sentence”
imposed on Gobi [emphasis added].
34
66 What is apparent from this is that Mr Ravi was not only alleging that the
Prosecution had been excessively enthusiastic in the conduct of the criminal
proceedings involving Gobi, but in doing so had been unfair to Gobi, potentially
to his fatal detriment. It is difficult to see, then, how describing the Prosecution’s
conduct of the Gobi proceedings as “overzealous” could be anything but
negative, let alone a description that was merely neutral.
68 The same is true of the First and Third Interview Statements, which
essentially consist of allegations that the change of the Prosecution’s case noted
by the Court of Appeal in Gobi (Review) called into question the “fairness of
the administration of justice … by the Prosecution”, and that “the fairness of the
Prosecution [was] called into question by the Court itself”. Again, it is difficult
to see how these statements could be premised on a rational basis in light of our
observations at [62] above on the state of the law at the relevant time. It was not
accurate for Mr Ravi to say that the Court of Appeal had called into question
the fairness of the Prosecution; nor was any question raised as to the
Prosecution’s administration of justice because the conduct of Gobi’s
prosecution had been premised on the pre-Adili understanding of s 18(1) of the
MDA, which at the time also extended to the s 18(2) MDA presumption.
35
69 The third and final observation we make is that Mr Ravi, in making the
First to Third Interview Statements, had conveyed that the AG et al had acted
improperly in the conduct of the Gobi proceedings. In this connection, we
respectfully disagree with the DT’s view that Mr Ravi had “never said anywhere
or made the imputation that the AGC had acted in bad faith, maliciously or
improperly” [emphasis added]. Mr Ravi’s intention in this regard may be
understood with reference to both an objective interpretation of these statements
and his own subjective account of his motivations, viewed in the context of his
surrounding conduct at the time these statements were made. The starting point
here was to consider what Mr Ravi meant when he made the First to Third
Interview Statements. On a plain reading of these statements, as we have
canvassed at [64]–[68] above, the First to Third Interview Statements imputed
that the AG et al had unfairly conducted the Gobi proceedings in a manner that
constituted a breach of the fairness of the administration of justice by the
Prosecution. In our view, such an imputation clearly suggested that the
Prosecution had acted improperly. To the extent that the DT did not take the
same view, it may have well been due to the “neutral” interpretation it had
placed on words such as “overzealous” in the First to Third Interview
Statements. Mr Ravi, in fact, confirmed in cross-examination before the DT that
he had sought to highlight this alleged “breach of … fairness” by the
Prosecution:
36
70 Given that Mr Ravi had invoked the paramount duty of the Prosecution
and its officers as “ministers of justice”, we cannot see how the alleged breach
of that duty could be characterised as not improper. In our view, Mr Ravi’s
subsequent conduct in making the Facebook Statements (which, amongst other
things, alleged that the Prosecution were “wrongdoers”), and his further act of
commencing legal proceedings in Suit 1068 which claimed that the AG et al
had committed the tort of misfeasance in public office, and which we will return
to later in this judgment, reinforces the inference that Mr Ravi intended to
convey impropriety by the Prosecution.
37
v Ravi expressly considered the observations of the Court of Appeal in the Brief
Grounds and Gobi (Review) (see AG v Ravi at [110] and [113]) regarding the
conduct of the Prosecution in light of the legal position at the time. He reasoned,
however, that (AG v Ravi at [44]):
38
relevant time, and which Mr Ravi himself thought was not material even after
the Court of Appeal had raised the issue when hearing Gobi (Review). Further,
the Court of Appeal’s observations as to prejudice were not directed at
suggesting any such impropriety on the part of the Prosecution but solely at the
potential materiality of this change of case given that the Prosecution had run
its case at trial on a certain basis. If the Prosecution was held to that case, then
in the light of the development of the law after Adili, it would not be able to rely
on the presumption under s 18(2) once the point was decided in Gobi (Review).
39
77 Put simply, the key inquiry in the Second Charge is whether Mr Ravi’s
failure to treat his fellow legal practitioners (in this case, the AG et al) with
courtesy and fairness was of such a degree of seriousness as to amount to due
cause. The DT found that no serious misconduct arose from the First Facebook
Statement. This was ostensibly because the DT found that Mr Ravi had, in
referring to the AG et al as wrongdoers, intended to imply a civil wrong as there
was “no reference to any criminal proceedings or the prospect/possibility
thereof”.
40
78 In our view, and with respect, the DT missed the mark in focussing its
analysis on the distinction between a civil and criminal wrong. As we have
highlighted at [74] above, the real gravamen of the misconduct here had to be
assessed in relation to all the relevant circumstances, including the nature of the
statements and the target of the allegations made therein, rather than be confined
to the binary question of whether the wrong alleged was civil or criminal in
nature. Such a distinction is tangential to the issue of whether Mr Ravi had acted
in fairness and courtesy toward the AG et al as fellow legal practitioners. The
essence of the inquiry centres on understanding what Mr Ravi meant when he
labelled the AG et al as “wrongdoers”.
80 Beyond this, the full sting of the alleged “civil wrong” is best articulated
in the statement of claim filed by Mr Ravi when he made good on his declaration
to commence an action against the AG et al in Suit 1068 (the “Statement of
Claim”). Suit 1068 was commenced on 4 November 2020, less than two weeks
after the release of the Brief Grounds. We note that on the same day, Mr Ravi
posted the Statement of Claim on Facebook with a comment that the suit was
41
42
the course of the proceedings in OS 111, the AGC had requested and received
from the Singapore Prison Service (“SPS”) the appellants’ correspondence with
their lawyers and families (see Gobi a/l Avedian and another v Attorney-
General and another appeal [2020] 2 SLR 883). Mr Ravi stated in the 9
February e-mail that the “AGC was dishonest” in the course of those
proceedings when the state counsel involved denied that the SPS had forwarded
the correspondence in issue, when “in fact, there were multiple disclosures for
multiple prisoners, the true scale of which is unknown”.
intentional abuse of prosecutorial powers that warranted his public call in his
Second Facebook Statement for the AG et al to be “accountable to Gobi and his
family in court and … subject to rigorous cross-examination and public scrutiny
of their conduct of Gobi’s case”.
85 When these weighty considerations are set against the nature of the
allegation made in the First Facebook Statement, which is that the AG et al had
set out to do wrong in the “fairness of the administration of justice in Gobi’s
case” in a manner that “led to the death sentence of Gobi”, it is difficult to
conceive of a more serious attack against the office of the AG. The allegation
44
of wrongdoing cuts right to the heart of the AG’s role and suggested serious
impropriety and the dereliction of his duty in the fair administration of justice.
87 Linking these points to the allegations that form the subject of the
Second Charge, two further points arise.
45
46
First and Second Facebook Statements despite this, in our view, indicates that
Mr Ravi did so at least recklessly (if not deliberately), without due regard for
the importance of communicating the true state of affairs.
90 To summarise our findings on the Second Charge thus far, the gravamen
of the misconduct here is that by making the First Facebook Statement, Mr Ravi
recklessly levied a grave yet baseless accusation that the Prosecution had chosen
to conduct the Gobi proceedings in a “dishonest” and “deplorable” manner that
“[took] unfair advantage” of Gobi and misled the court, causing the sentence of
death to be wrongly imposed on Gobi.
47
undermined not only the good standing of the legal profession, but more
broadly, the integrity of the legal system as a whole.
48
49
50
out above. Instead, as we have noted at [83], the nature and sting of the
discourtesy and unfairness that were encapsulated in the First and Second
Facebook Statements, when these are correctly understood, was an affront to an
essential pillar of our legal system with reckless disregard for the truth. The
failure here went far beyond the realm of impoliteness and was an attack on the
administration of criminal justice. This cannot be lightly countenanced, nor
waved away with a slap on the wrist.
101 The DT found that the Third Facebook Statement constituted a baseless
accusation against the Law Society, because, contrary to what the Third
Facebook Statement suggested, the Law Society did not have the discretion not
to act on the DAG’s Complaint.
51
102 We agree with the DT. The substance of the allegation in the Third
Facebook Statement was that, in “entertain[ing]” or, in other words, acting on
the DAG’s Complaint, the Law Society was “participat[ing] ... in ... harassment
by [the] AG” against Mr Ravi in “doing [his] job” and thereby was failing to
“protect lawyers and the independence of the profession”. This implicitly
suggested that the Law Society chose to act on the DAG’s Complaint, which
was simply not the case. Section 85 of the LPA sets out the statutory scheme
for the consideration of complaints against regulated legal practitioners. In the
ordinary case, where the formal requirements of s 85(1) are fulfilled, the
Council of the Law Society must refer every complaint to the Chairperson of
the Inquiry Panel: see s 85(1A) of the LPA. In turn, the Chairperson of the
Inquiry Panel must constitute a Review Committee (see s 85(6) of the LPA),
which in turn will either refer the matter back to the Chairperson or direct the
Council to dismiss the matter (see s 85(8) of the LPA). Should the Review
Committee refer the matter to the Chairperson, the Chairperson is to constitute
an Inquiry Committee (see s 85(10) of the LPA). The Inquiry Committee is to
consider, amongst other matters, whether a formal investigation by a
Disciplinary Tribunal is required (see s 86(7) of the LPA).
52
statutory design, mandated the Law Society to apply for a disciplinary tribunal
to be appointed. In so far as the Third Facebook Statement contained any
insinuation suggesting that the Law Society could choose not to act in this way
and would be acting improperly if it did apply for the appointment of a
Disciplinary Tribunal, it was wholly without basis.
104 We do agree with the Law Society that Mr Ravi knew that the Law
Society was statutorily required to act on the complaints referred to by the AG.
In this regard, Mr Ravi’s affidavit of evidence-in-chief contained his
acknowledgment that the Law Society was “statutory [sic] obliged to take the
steps under s 85(3) of the LPA upon receipt of complaints from the AGC”. Mr
Ravi also acknowledged his awareness of the same during the hearing before
us. His main arguments on the Third Charge were, instead, centred on how the
statutory framework under s 85 of the LPA was “imbalanced” in favour of the
AG, therefore constituting a breach of natural justice. In this regard, Mr Ravi
explained that this was why he had made the Third Facebook Statement:
105 These arguments, in our view, do little to justify the baseless attack by
Mr Ravi directed at the Law Society’s execution of its core functions.
Conversely, they reinforce the view that Mr Ravi, in making the Third Facebook
53
Statement, had known of the true state of affairs and the Law Society’s statutory
obligations, but, in spite of this, chose to impute impropriety to the Law Society
for doing nothing more than carrying out those statutory obligations, in order to
ventilate the unfairness he perceived in the legislative scheme. This suggested
to us that Mr Ravi made the Third Facebook Statement with, at the very least, a
reckless disregard for the truth.
106 We turn our focus to the latter portion of the Third Facebook Statement,
which is that the Law Society would be “participat[ing]…in harassment” by
the AG [emphasis added]. In this regard, the Third Facebook Statement appears
to insinuate that if the Law Society was to act on the DAG’s Complaint, it would
be part of a wilful effort to harass Mr Ravi’s attempts to “[do his] job”. This
premise was tied to one of the core purposes of the Law Society (which is to
“protect lawyers and the independence of the profession”: see s 38(1)(d) of the
LPA). The Third Facebook Statement, therefore, not only gave the erroneous
impression that the Law Society could in its discretion have decided not to refer
the DAG's Complaint to the DT, but also intimated that the Law Society would
deliberately be acting improperly and contrary to its own purposes, even to the
extent of abdicating its own duties to the legal profession if it acted upon the
said complaint.
54
108 The Fourth Charge is that Mr Ravi acted improperly within the meaning
of s 83(2)(b)(i) of the LPA read with r 7(2) of the PCR in sending the Reply
Letter and threatening to commence legal proceedings against the AG et al
therein.
109 Neither party seriously contended that the Fourth Charge disclosed due
cause in and of itself. That said, the facts that ground the Fourth Charge cannot
be viewed in isolation. They form part of the “totality of the facts and
circumstances” in the light of which the court ought to assess whether Mr Ravi’s
misconduct is sufficiently serious. On this score, Mr Ravi’s Reply Letter,
accompanied by his subsequent act of publicly announcing his “strict
instructions to commence proceedings” against the AG et al in his Second
Facebook Post, had the effect of strengthening our interpretation regarding the
entire course of Mr Ravi’s conduct as one that persistently insinuated or alleged
impropriety on the part of the AG et al. This therefore buttresses our finding
that due cause is made out.
110 In the round, we find that due cause has been shown in respect of
Mr Ravi’s misconduct giving rise to the Second to Fourth Charges, taken as a
whole. Mr Ravi accused the AG et al of having improperly and unfairly pursued
the prosecution of Gobi at the potential cost of his life. He then went on to
suggest falsely that, should the Law Society act on the DAG’s Complaint, it
would be committing a deliberate act of impropriety (even to the extent of
abdicating its statutorily accorded duties to the legal profession). The character
and import of these allegations were such as to pose a real threat of serious
injury to public confidence in the cornerstones of our legal system. This was not
55
simply because of the manner in which these allegations struck at the core
functions of the AG and the Law Society respectively, but also because they
were untruthful and published to a potentially wide audience. There can be no
understating the seriousness of such infractions, nor any doubt that it warrants
that Mr Ravi be dealt with under s 83(1) of the LPA.
Sanction
111 Having found that due cause is established, we turn to consider the
appropriate sanction to be imposed on Mr Ravi. In this regard, s 83(1) of the
LPA provides for a range of penalties:
112 Counsel for the Law Society, Ms Lin, initially took the position that a
suspension of three months would be appropriate. When our recent decision in
Nalpon was brought to Ms Lin’s attention during the hearing, she revised her
position on the appropriate sentence. In Nalpon, due cause was found against
the respondent on two charges: first, of having committed sub judice contempt
of court by publicly commenting on ongoing court proceedings (see Nalpon at
[55]); and second, of non-compliance with a costs order, accompanied by acts
56
taken with the aim of garnering public support for that non-compliance (which
included the publication on Facebook of communications with the AGC on the
said costs order) (see Nalpon at [63]). Taking into account the respondent’s
seniority, his disciplinary antecedents and his lack of remorse (amongst other
factors), we imposed a 15-month suspension on the respondent: Nalpon at [65]
and [69]. Having considered the sanction imposed in Nalpon, Ms Lin aligned
her position on sentence with that imposed in Nalpon. When she was given the
opportunity to address this court in reply (after Mr Ravi had made his oral
submissions), however, her final position was that a suspension that exceeds
that in Nalpon should be imposed in light of the inflammatory and unapologetic
nature of Mr Ravi’s arguments at the hearing.
57
115 Of these, the paramount considerations are the protection of the public
and the upholding of public confidence in the integrity of the legal profession.
The ultimate question remains, in the words of this court in Law Society of
Singapore v Ravindra Samuel [1999] 1 SLR(R) 266 (“Ravindra Samuel”) at
[13], “whether the solicitor in question is a fit and proper person to be an
advocate and solicitor of the court.”
58
118 Returning to the question posed at [116], we note that both parties agree
that Mr Ravi’s misconduct in the present case does not involve dishonesty.
Nevertheless, even proceeding on this assumption, a solicitor remains liable to
be struck off (as opposed to merely being suspended) where he conducts himself
in a way that either falls below the required standards of “integrity, probity and
trustworthiness”, or “brings grave dishonour to the profession” [emphasis in
original]: see Law Society of Singapore v Ismail bin Atan [2017] 5 SLR 746
(“Ismail bin Atan”) at [21] and Ravindra Samuel at [15]. In Law Society of
Singapore v Seow Theng Beng Samuel [2022] 4 SLR 467 (“Samuel Seow”), we
clarified that “fall[ing] below the required standards of integrity, probity and
trustworthiness” and “bring[ing] grave dishonour to the profession” were two
59
distinct elements (at [37] and [40]). The core concern of the inquiry in respect
of the first element (of “fall[ing] below the required standards of integrity,
probity and trustworthiness”) is whether the solicitor in question has a defect of
character that renders him unfit to remain an advocate and solicitor, with all the
duties and responsibilities that this entails. In contrast, the second element (of
“bring[ing] grave dishonour to the profession”) speaks to a different concern,
which we framed as follows in Samuel Seow at [39]:
(b) Second, the court should consider whether the solicitor, through
his misconduct, has caused grave dishonour to the standing of the legal
profession.
60
(c) Striking off is the presumptive penalty if the answer to either (a)
or (b) is yes. This presumption is only rebutted in exceptional cases.
(d) If the answer to both (a) and (b) is no, then the court will
consider, upon close examination of the facts, whether there are
circumstances that nonetheless render a striking-off order appropriate.
The court here should compare the case with precedents to determine
the appropriate sentence, taking into account the aggravating and
mitigating factors.
Defect in character
122 In our judgment, and as we had identified above, the particular issue that
stands out from Mr Ravi’s misconduct in the Second to Fourth Charges is his
fundamental lack of respect and blatant disregard for the integrity of
Singapore’s key legal institutions to such an extent that he has no compunction
in attempting to undermine them. It cannot be gainsaid that every legal
practitioner has a core duty to uphold the integrity of the legal system and legal
profession. Mr Ravi, instead, has attacked each of these in, respectively,
advancing allegations of serious misconduct against the AG et al, and in making
unwarranted threats and casting unwarranted aspersions against the Law
Society. In making these baseless and grave allegations, Mr Ravi has
demonstrated not only his failure to uphold public confidence in the integrity of
the legal system and legal profession, but also his readiness to actively
undermine them.
Statement without any regard for the Court of Appeal’s actual observations in
its Brief Grounds, nor the entirety of the Gobi proceedings (despite his close
personal involvement in the post-Gobi (Appeal) proceedings). Continuing in
this theme, the Third Facebook Statement cast the Law Society as a willing and
complicit participant in the AG’s alleged harassment of Mr Ravi, when the
Law Society, in fact, had no discretion but to apply for the DT to be convened
under s 85(3)(b) of the LPA.
63
has taken even up to the time of the hearing some years later, as we elaborate
below.
64
127 The justification for striking off a legal practitioner that brings grave
dishonour to the profession lies in the perpetuation of that dishonour while he
remains on the roll thus undermining the value of the accreditation reposed in
other solicitors who share that accreditation: see Samuel Seow at [39]. In the
present case, Mr Ravi made grievous allegations against essential pillars of our
legal system which threatened to undermine public confidence in the integrity
of these key institutions, accusing them of abusing their position and powers to
take unfair advantage of an accused person facing the death penalty and to
deliberately mislead the court (in the case of the AG et al), or of being complicit
in an attempt to harass Mr Ravi (in the case of the Law Society). These
allegations went beyond attacks on the integrity of these institutions themselves
and, more fundamentally, cast doubt on the fairness and integrity of the criminal
justice system as a whole.
129 We turn to consider the third limb of the approach in Samuel Seow. We
also consider at this stage the aggravating and mitigating factors of this case.
130 We begin with the following aggravating factors in this case, which are
relevant:
65
131 Section 83(5) of the LPA states that “the court may in addition to the
facts of the case take into account the past conduct of the person concerned in
order to determine what order should be made”. In this regard, the fact that an
advocate and solicitor had previously committed a similar disciplinary offence
is a “significant aggravating factor”: Law Society of Singapore v Ng Bock Hoh
Dixon [2012] 1 SLR 348 at [35]. We note that Mr Ravi has a number of
antecedents of a similar nature over the past 15 years. These are summarised as
follows:
66
132 While we acknowledge that Ravi (2012) and Ravi (2016) engaged
somewhat different considerations due to Mr Ravi’s mental condition at the
time, this was no longer a live consideration in Ravi (2020) or in the present
case. While Mr Ravi cited the CRPD as a basis to mitigate his liability, this was
misconceived. First, there was no evidence to suggest that his condition had
67
contributed to his misconduct in this case. In fact, at the material time, Mr Ravi
was practising under a conditional practising certificate which mandated,
amongst other conditions, that Mr Ravi had to attend regular medical
appointments to monitor his fitness to practise. Accordingly, there was no
suggestion that Mr Ravi was labouring under his previous medical condition
when he made the impugned remarks in October 2020, nor even at the point
when he took on the Gobi proceedings in September 2019. Second, and in any
case, Mr Ravi failed to elaborate on how the CRPD was relevant at all to this
case. In this light, these antecedents demonstrate a degree of recalcitrance on
Mr Ravi’s part, and also lays bare the obvious insincerity behind Mr Ravi’s
claimed remorse in each successive instance.
133 Turning to Mr Ravi’s conduct at the hearing, this was aggravating and
again indicative of an utter lack of remorse (despite having claimed to be
remorseful in his Written Submissions). At the hearing, Mr Ravi did not
apologise for his misconduct, or, for that matter, make any reference to his
claimed remorse; instead, he appeared to double down on his allegations against
the Law Society and the AG et al. With regard to the former, Mr Ravi added to
his insinuation that the Law Society was complicit in the AG’s harassment of
him, stating that “the Law Society should not be a complaint mechanism for the
Attorney-General”, and further alluded to broader systemic oppression arising
from what he deemed the “pre-emptive powers” of the AG pursuant to
s 85(3)(b) of the LPA. With regard to the AG et al, Mr Ravi alleged that the
AG’s “dishonesty” was not merely confined to the change of case in the Gobi
proceedings, but lay also in the fact that they had persisted in opposing the
review application in Gobi (Review) despite the Registry Letter having indicated
the possibility that there was a change of the Prosecution’s case at trial and on
appeal in the Gobi proceedings. Mr Ravi contended that upon receipt of that
68
letter, the AG had the duty to take the position that the mandatory death penalty
be set aside, and further to withdraw from the review proceedings. The fact that
they did not do so was, according to Mr Ravi, “dishonest”. This, despite the fact
that, as the court subsequently noted, it was likely the case that the change of
case and its legal significance was not appreciated at the material time.
Remarkably, Mr Ravi also seemed to have overlooked the fact that at the very
same time, he himself thought the change of case had not prejudiced Gobi: see
[138] below.
134 Mr Ravi, in fact, went even further to allege that the court had
“abdicate[d] its duties” by failing to exercise its powers under s 394J(1)(b) of
the CPC to review the Gobi proceedings on its own motion. This point is entirely
irrelevant to the issues in the present proceedings, which are concerned with the
impropriety of the allegations he had levied against the AG et al and the Law
Society. In our view, these further accusations were not only indications of his
impenitence, but yet another marker of his inclination to make baseless
assertions of impropriety against key legal institutions. Mr Ravi even went so
far as to impugn the profession as a whole during his oral submissions, stating
that he “[did] not feel any more part of an honourable profession” [emphasis
added]. This was an attack on the standing and integrity of the legal profession
insinuating, without any basis, that the profession was not honourable or at least
did not meet Mr Ravi’s standards of honourable conduct. Indeed, after Ms Lin
drew attention to this statement in her reply submissions, Mr Ravi repeated this
not once, but twice during the hearing:
69
135 The whole tenor of Mr Ravi’s arguments at the hearing made it evident
that he viewed himself as a victim of what he believed to be a dishonourable
system that tolerated the improper abuse of prosecutorial power by the AG et
al, the abnegation of duty by the court to initiate the review process, and the
need to contend with the “sword of Damocles” that the AG and the Law Society
had set over him during the course of his representation in the Gobi (Review)
proceedings and over the legal profession at large. Within this allegedly unjust
and oppressive system, Mr Ravi cast himself as someone who was simply
“zealously pursuing … [his] cause [and] the oath [he had] taken to the rule of
law”. This is reinforced in the contents of the 9 February e-mail, which was sent
about three months after the hearing. In the 9 February e-mail, Mr Ravi
complained that “[n]either of the state counsels [in OS 111] have been referred
for disciplinary action but instead AG’s complaint had been entertained against
[him] which reinforces the unfairness [he] had highlighted at the hearing”
70
[emphasis added]. This wholly ignored the fact that Court of Appeal had stated
at the outset that there was nothing to suggest that any of the parties even
appreciated the significance of the change of position by the Prosecution in Gobi
(Review) because it preceded Adili; as well as the fact that the Law Society had
no discretion to “entertain” complaints referred to by the AG. These points had
been highlighted to Mr Ravi at various junctures, but he nonetheless remained
impervious to this.
136 Before leaving this part of our analysis, we mention one factor that might
redress the balance a little in favour of Mr Ravi in this assessment. That is the
fact that when he made the allegations in the First to Third Facebook
Statements, he did not at the same time publish the matters that were
subsequently set out in the Statement of Claim that he filed in the ill-conceived
proceedings he brought against the AG et al. The Statement of Claim was filed
and was posted by Mr Ravi on Facebook some two weeks or so later. We have
referred to parts of that Statement of Claim because it leaves no doubt at all as
to what Mr Ravi meant and intended to convey. But the fact that those parts of
the Statement of Claim were not included in Mr Ravi’s Facebook Statements
means that perhaps some of those who read the Facebook Statements at the time
these were published may not have appreciated the full extent of his attack on
the legal system. This is especially so since we also assume in Mr Ravi’s favour
that such readers may have taken the First to Third Interview Statements in the
way the DT mistakenly saw them, rather than with a full understanding of what
Mr Ravi was saying as we have explained above.
138 Mr Ravi highlights two factors in mitigation. The first is his claimed
remorse. This is utterly without basis as evident in Mr Ravi’s conduct and we
need say no more. The second mitigating factor relied on by Mr Ravi is his
involvement in the Gobi proceedings, which contributed to the correction of a
grave miscarriage of justice. While this might in theory be considered mitigating
if it has in fact advanced the public interest, the fact is that the review application
ultimately turned on the change of the Prosecution’s case, a matter that was first
raised by the Court of Appeal and not by Mr Ravi. Mr Ravi, in fact, maintained
in his further submissions following the Registry Letter that “there does not
appear to have been an obvious prejudice to [Gobi] caused by the change in
case because the Court in [Gobi (Appeal)] quite properly regarded the case
against him as the case presented at trial and the case upon which evidence was
taken.” [emphasis added]. This necessarily limits the extent of Mr Ravi’s
personal contribution to the outcome in Gobi (Review). Moreover, as the Court
of Three Judges stated in Law Society of Singapore v Wee Wei Fen [1999]
3 SLR(R) 559 at [39], the court will only give consideration to the applicable
mitigating circumstances insofar as they are consistent with the paramount
principles of the protection of the public and the preservation of public
confidence in the profession. In our judgment, the nature of Mr Ravi’s
accusations against the AG et al and the Law Society, coupled with his
disciplinary history and lack of remorse, make it untenable to accord any
significant mitigating weight at all to such considerations in this case.
72
140 Here, we return to our earlier reference to the cases of Gopalan Nair and
Nalpon, and address how Mr Ravi’s misconduct here was more serious than
that in issue in those cases. In relation to Nalpon, it is crucial to appreciate that
the offending posts in that case did not impugn the core functions of the AG to
the same grave extent that Mr Ravi’s Facebook Statements did. In Nalpon, the
gravamen of wrong involved the respondent’s “wilful non-compliance with the
[costs order which was] accompanied by acts taken with the aim of garnering
public support for that non-compliance” (see Nalpon at [59]). In other words,
even though the respondent’s misconduct involved the making of certain
statements against the AG in a public forum, those statements did not call into
question or impugn the AG’s performance of his central role in the
administration of justice in Singapore. This placed Mr Ravi’s misconduct on an
entirely different plane from that of the respondent in Nalpon, on whom we
imposed a suspension of 15 months.
73
142 Turning to the present case, Mr Ravi, by making the First and Second
Facebook Statements, sought to accuse the AG, without basis, of conducting the
Gobi prosecution in a dishonest and unfair manner to such an extent that it could
have led to Gobi’s death. As we had also observed above, it is hard to conceive
of a more serious accusation against the AG. While the manner in which the
integrity of the AG was questioned in Gopalan Nair was wholly unacceptable
and the misconduct undoubtedly serious, the accusation there, in our view, did
not rise to the same degree of seriousness as the present allegation.
Gopalan Nair (and Nalpon, for that matter) is that Mr Ravi’s misconduct went
further, both in terms of its gravity and scope. As we observed at [127] above,
the nature and substance of Mr Ravi’s allegations toward both the AG et al and
the Law Society are such that Mr Ravi was attacking the legal system as a whole.
No solicitor can be permitted to recklessly and baselessly undermine the very
pillars of the legal system in which he (as well as his fellow practitioners)
operates; to do so would plainly cause grave injury to public confidence in the
legal profession.
144 In Gopalan Nair, the solicitor was not struck off but was suspended for
two years. This was the maximum suspension available at the time. Although
this is a close case, having regard to all the circumstances, we consider that (a)
it is not necessary to strike Mr Ravi off the roll of advocates and solicitors, but
(b) that imposing anything short of the maximum term of suspension that is now
permitted would not be adequate to address the continuing danger that Mr Ravi,
by his baseless and ill-conceived attacks, poses to public confidence in the
administration of justice in Singapore.
Conclusion
145 For these reasons, we find that there is due cause for disciplinary action
and impose a five years’ suspension under s 83(1)(b) of the LPA commencing
on the date of this judgment.
75
146 We order Mr Ravi to bear the Law Society’s costs. The parties are to
write to the court, within 14 days of this judgment, with their submissions on the
appropriate quantum of costs, if no agreement is reached between them on this
point. Each party’s submissions are to be limited to eight pages.
76