DAG Hri Kumar ‘hitting below the belt’

From ‘Tan Cheng Bock hits out at Hri Kumar for ‘highly inflammatory comments’ over EP challenge’, 8 July 2017, article by Faris Mokhtar, Today

Former presidential candidate Tan Cheng Bock has slammed Deputy Attorney-General (AG) Hri Kumar Nair over remarks in the latter’s court submissions against Dr Tan’s legal challenge on the coming reserved Presidential Election, calling them “hitting below the belt” and  “highly inflammatory”.

Dr Tan’s challenge was thrown out by the courts on Friday (July 7), with Mr Nair — who was representing the Attorney-General’s Chambers — describing Dr Tan’s case as “entirely self-serving“, “purely selfish”, and having “no regard for the principle of multiracial representation” 

Writing on Facebook, Dr Tan, who was not present in court when the ruling was delivered in chambers, said Mr Nair had encroached into “dangerous racial politics” with his words.

Dr Tan pointed out that as a public servant and a former People’s Action Party Member of Parliament (MP), Mr Nair “should not have made such a statement”. Mr Nair was a two-term MP who stepped down in 2015, before he was appointed as Deputy AG in March this year.

“This case is not about race. It is about process and procedures. It is about upholding the Constitution. Let’s keep it that way,” said Dr Tan, who is also a former PAP MP.

On the appointment of Hri Kumar as DAG, peers heaped nothing but praise for the ex-PAP MP. Senior Counsel Davinder Singh said he was the ‘best among the best’. The Law Society president describes him as ‘incisive, diligent, fair-minded and yet for all his intellectual rigour, affable to a fault.’ Surely this can’t be someone capable of ‘hitting you below the belt’, a term usually thrown at opposition MPs, or even PAP MPs for that matter?

Blunt personal attacks may be tolerated if you were still an MP, but as a High Court judge, it seems rather unprofessional. It may be called the ‘Chambers’, but surely there is no room for mud-slinging or shit-dredging here.  You can easily be in contempt of court for the slightest insult, but that doesn’t mean the court should treat you with contempt, especially if you’re a past President-elect.

TCB didn’t charge into this fight unarmed of course, having sought advice from Queen’s Counsel lawyer Lord Pannick who opined that Section 22 of the President Elections (Amendment) Act 2017 was unconstitutional. Section 22 is basically a roster of mostly dead presidents and what race they were. It’s strange, though, to say a President ‘belongs’ to a specific community when he, the PRESIDENT, belongs to all peoples, regardless of race, language or religion.  Also, one people, one nation, one Singapore. Never forget.

Screen Shot 2017-07-08 at 7.41.23 AM

To sum up the whole argument, TCB contends that Ong Teng Cheong should be the first elected President. The law says it should be Wee Kim Wee because although he wasn’t elected per se, he acted like one. Hence if you use your fingers to count five terms based on the hiatus-triggered model, the next President should be a long-overdue Malay one. Take that, Lord Pannick! Take that, Her Majesty!

Incidentally, DAG Hri was appointed by President Tony Tan (another ex-PAP man), ‘under the advice’ of PM Lee Hsien Loong.  He joins Lucien Wong  (PM’s previous personal lawyer and now AG) to oversee the laws of the land. The Government has full confidence that their links with the PAP (and ex-boss) has no bearing on their duty to uphold our ‘rule of law’ whatsoever. Why? Because they say so, that’s why. Justice is blind, and so are we.

There’s a scary resonance with the recent Oxley saga here – people quarrelling over dead men’s bodies. In LKY’s case, his residence. In this case, their claim to being an ‘elected president’. We already have one ex-leader coming to haunt us this Seventh Month, let’s not add 2 more ghosts to the list.

 

 

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