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Old 29-01-2014, 10:20 PM
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Thumbs up KJ: Tharman Reveals He & PAP Misled Court to Win IMF Loan Case Appeal

An honorable member of the Coffee Shop Has Just Posted the Following:

Tharman’s explanation means that I did not need to bother to go through a lengthy citing of precedents from other countries and standards set by accounting bodies. The government uses the same accounting treatment. Had I been able to cross-examine the FInance Minister or one of his officials or submit written questions this would have been established. However the lawyer who represented me previously before I decided to argue the case myself advised me this was not possible. What this new information makes clear is that in order to win its case and prevent embarrassment the AG pretended that the loan commitment (or contingent line of credit) was an asset and not a liability. The government succeeded in pulling the wool over the eyes of the judges. However the judges, like spectators at a magic show, were happy to be taken in by this gross misdirection , “citing former CJ Chan Sek Kheong’s “green-light” theory of administrative law” and “saying there has to be “extremely exceptional instances of very grave and serious breaches of legality” to warrant allowing an action by an individual in the public interest.” If this is not a very grave and serious breach of legality then what is?

Now we have ended up with a situation where the government, and the Finance Minister, have been caught out in misrepresenting and lying in court in order to get away with breaking a Constitutional provision that it itself drafted. It is demonstrative of the contempt the PAP feel for Singaporeans and their belief that they are above the law. In any democracy the Finance Minister would be forced to resign and might face criminal charges. Unfortunately the judiciary has now come to the rescue of the executive by ruling that we have no locus standi to challenge illegal government actions. The PAP government can safely continue its long tradition of doing as it pleases without bothering with such niceties as accountability, transparency, rule of law or even simple honesty.

- http://sonofadud.com/2014/01/28/thar...n-case-appeal/


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