Jeremy Lim
The arrest of Alan Shadrake, the British author of Once A Jolly Hangman: Singapore Justice In The Dock, is a groundbreaking case. The government rarely takes action against books: it tends to pay more attention to media that have wider reach, such as newspaper articles and the web. The case is also unusual because the government is using criminal defamation, instead of the usual civil action, against Shadrake.
Here, Journalism.SG provides details on this case: the book, the government’s actions, the charges, book sales, Mr Shadrake’s response and views from the online community and external organizations.
ABOUT THE BOOK
Shadrake’s book, Once A Jolly Hangman: Singapore Justice In The Dock, describes past cases involving the death penalty. The most famous case may be that of Flor Contemplacion, the Filipina domestic worker who was executed for murder in 1995.
The book also includes interviews with ex-Changi Prison hangman Darshan Singh. According to the book, Mr Singh hanged about 1,000 local and foreign convicted persons in a career of more than 40 years.
The government has not yet revealed which parts of the book allegedly violate Singapore's contempt of court and criminal defamation laws.
ABOUT THE AUTHOR
Alan Shadrake, 75, is a British national and freelance journalist. He spends much of his time in Britain and Malaysia.
In 2005, Shadrake revealed the identity of Singapore hangman Darshan Singh, a few months before he was due to execute Australian citizen Nguyen Tuong Van. Another hangman was later substituted for Mr Singh.
Shadrake’s lawyer is M Ravi, who has a history of activism and opposition to the death penalty.
THE GOVERNMENT ACTS
Shadrake was in Singapore for the private launch of his book on 17 July, at the Post Museum in Little India, according to The Straits Times.
Possibily unknown to him and the organisers of the book launch, the Media Development Authority (MDA) had, the previous day (16 July), made a police report complaining about the book. MDA is the promoter and regulator of media industries in Singapore. It tends to focus more on its industry promotion role. It is unlikely that the agency acted against Shadrake on its own initiative.
Mr Shadrake was arrested at his hotel on 18 July at 8.20am, according to The Straits Times. He was then detained for questioning for two days. On 20 July, Mr Shadrake was released on $10,000 bail, which was posted by Seelan Pillay, a Singaporean activist.
- Click here for Reuters' 19 July news report.
THE GOVERNMENT'S POSITION
The Attorney-General’s Chambers has said that statements within the book “impugn the impartiality, integrity and independence of the Singapore judiciary”.
The Ministry of Home Affairs has stated:
“The Singapore Government's position on the issue of capital punishment is not new. Those who disagree with our position have presented their arguments and as a matter of principle, we respect their right to hold such opposing views, as we hope they do ours.”
"Shadrake’s anti-death penalty views are not the issue in these investigations; it is his violation of the laws of Singapore. Anyone, Singaporean or otherwise, who breaks the law regardless of the cause he touts will be taken to task."
CRIMINAL DEFAMATION
Defamation refers to remarks, spoken or printed, that harm someone’s reputation. In some countries such as Singapore, defamation cases can be pursued as either a civil or a criminal matter. Most high-profile defamation cases in Singapore have been conducted in the civil courts.
The penalty for criminal defamation can involve up to two years' jail as well as fines. International human rights NGOs such as Article 19 and Human Rights Watch, as well as the United Nations special rapporteur for freedom of expression, believe that defamation should only be a civil matter and have called on countries with criminal defamation laws to repeal them.
In Singapore, someone who reproduces defamatory material can also be sued or charged. Thus it is difficult for reporters to quote the exact content of Shadrake’s book when reporting the case. News articles have so far been vague about the offending statements.
- Read more about defamation in Singapore here.
- What what the authorities enough to arrest Alan Shadrake for criminal defamation? Read Choo Zheng Xi's analysis here.
CONTEMPT OF COURT
A charge of contempt of court may be levelled against individuals disrespecting a judge. In a 2007 case, Justice VK Rajah made several observations on contempt of court laws. He said that contempt covers "contempt by interference", including publications that interfere with the course of justice as a continuing process – for example, publications that "scandalise" the court. This is probably the sense in which Shadrake is alleged to have violated contempt of court laws.
Justice VK Rajah, 24 July 2007, in the case You Xin v Public Prosecutor: "It is important to note that it is justice itself that is flouted by contempt of court, not the individual court or judge who is attempting to administer it. The overriding object of contempt of court is not merely to protect the dignity of the courts but essentially to protect the administration of justice. To that extent the term contempt of court is in reality a misnomer."
BOOK DISTRIBUTION
The controversial book was previously on sale in Singapore bookstores but has since been taken off the shelves. Kinokuniya bookstore told The Straits Times that action was taken after the MDA contacted the store.
When contacted, K. Gunavathy, a senior analyst of publications/media content and standards at the MDA, said the book had not been banned in Singapore. However, she told The Straits Times that the MDA would, “where necessary, advise book importers and retailers to seek legal advice to ensure that the books they sell do not contravene Singapore laws”.
The book remains on sale in Malaysia and online. See here for suggestions on where to buy it.
SHADRAKE RESPONDS
"Whatever they do to me, it will prove whatever I say in my book."
- Click here for AFP's interview with Alan Shadrake.
INTERNATIONAL REACTIONS
Amnesty International, 19 July: "Singapore must release author of death penalty book: Singapore aspires to be a global media city, it needs to respect global human rights standards for freedom of expression." Click here for the full article.
Human Rights Watch, 28 July: "Singapore: Legal Charges Threat to Freedom of Expression: Free speech is an endangered species in Singapore. It's sadly predictable that the government did not hesitate to threaten prosecution, fines, and imprisonment against an author whose views run contrary to its own." Click here for the full article.
- Analysis by Spiegel in The Online Citizen: "Shadrake and his book now has a worldwide audience (albeit fleeting as always), as foreign news media caught on and obliged with bad press. Ask not why the government is recently so error-prone; ask why they are so eagerly cracking the whip, despite the backlash. This past fortnight marked demonstrations by the government of its confidence in withstanding, even disarming, disaggregated dissent." Click here for the full article.
THE CASE SO FAR
5 August: Mr Shadrake is now out on $10,000 bail. A trial date has not been fixed, as the judge has directed the parties (prosecution and defence) to file affidavits. If he is found guilty of criminal defamation, he may be liable for up to two years’ jail, or a fine, or both.
18 October: Hearing begins in the High Court.
19 October: The prosecution identifies 14 'contemptuous' passages from the book. Deputy Senior State Counsel Hema Subramanian of the prosecution groups the 14 passages into three categories:
1) Allegations that the Singapore courts allowed political and economic pressure from foreign governments to affect court rulings on death sentences.
2) Allegations that the courts were biased towards the rich and against the low-income or less educated.
3) Allegations that the courts suppressed political dissent by awarding huge damages in defamation cases against opposition politicians.
In response, Shadrake's lawyer M. Ravi said that the prosecution had taken the selected passages out of context.
For the Straits Times article, click here.
3 Nov: Shadrake is found guilty of scandalising the judiciary in 11 of the 14 passages selected earlier. The defence of fair criticism clause did not apply because the 11 statements were made "without any rational basis, or with reckless disregard as to their truth or falsehood," said Justice Quentin Loh.
"I think I've been given a fair hearing," Shadrake told reporters.
Although the book is not banned in Singapore, now that the content has been found in contempt of court, anyone distributing the book can also be found in contempt of court.
See the Reuters story here.
16 Nov: Shadrake is sentenced to six weeks' jail and fined $20,000. He also has to pay legal costs of $55,000. See the Reuters story here.
18 Nov: Shadrake appeals the sentence. See the CNA story here and the Straits Times story here.