24-5-2024 (SINGAPORE) In a landmark ruling that has sent shockwaves through Singapore’s political landscape, the High Court has ordered Mr. Lee Hsien Yang, the brother of former Prime Minister Lee Hsien Loong, to pay a staggering S$200,000 (US$147,880) in damages to each of the two ministers he defamed over the rental of state properties on Ridout Road.
The judgment, handed down by Justice Goh Yihan on Friday, May 24, meticulously outlined the reasons behind the substantial damages awarded to Ministers K. Shanmugam and Vivian Balakrishnan, who had filed separate defamation claims against Mr. Lee.
The lawsuits stem from comments made by Mr. Lee on his Facebook page on July 23, 2023, where he suggested that the ministers had acted corruptly by receiving preferential treatment from the Singapore Land Authority (SLA) in the rental of the Ridout Road properties. In a scathing attack, Mr. Lee also charged that “trust in the PAP has been shattered,” pointing to then-Prime Minister Lee Hsien Loong’s “failure of leadership.”
These remarks came just a month after the Corrupt Practices Investigation Bureau (CPIB) had released findings exonerating the ministers of any wrongdoing or preferential treatment in the matter. Notably, Mr. Lee, who is not currently in Singapore, did not appear in court to defend himself against the allegations.
In his judgment, Justice Goh stated that he was “satisfied that Mr. Lee had consciously chosen not to respond” to the claims, leaving the court to decide the case based solely on the evidence presented by the claimants in the absence of any countervailing material from Mr. Lee.
Justice Goh emphasized the high standing and integrity of the claimants, describing them as “long-serving Cabinet ministers and Members of Parliament” who are “public leaders and persons of the highest integrity.” This factor, the judge noted, “points towards the award of higher damages.”
Additionally, the judge agreed with the ministers’ arguments that Mr. Lee’s substantial social media following of over 89,000 Facebook followers warranted higher damages, given his widespread reach and influence.
Perhaps most damning, Justice Goh found that Mr. Lee had “acted with malice” in posting the offending words, justifying not only higher damages but also aggravated damages. “Based on the evidence before me, I find that the defendant knew that the offending words were false, that he published them recklessly, and/or without considering or caring whether they are true or not,” the judge stated.
Crucially, Justice Goh pointed out that Mr. Lee’s post came after the CPIB’s investigation had already established that there was no evidence of preferential treatment or abuse of position for personal gain by the ministers regarding the Ridout Road properties.
In determining the appropriate amount of damages, Justice Goh referred to past cases of defamation involving Cabinet ministers or prime ministers, noting that awards to prime ministers have ranged from “S$230,000 to S$260,000 in the 1980s to sums in excess of S$300,000 in the last 20 years.”
In addition to the substantial damages, the judge ordered Mr. Lee to pay costs of S$51,000 to each minister, compounding the financial blow dealt by the ruling.
