On 2 March 2001, Singapore Window (SW) carried an AFP version of a report on JBJ's case: "Jeya Loses Another Round In Battle To Keep Seat". Similarly, Ahmed Osman of The Straits Times (ST) released his piece on March 3, 2001: "JBJ Fails To Stave Off Bankruptcy".

Clearly, ST's headlines was more specific about the story. This was made even clearer by its sub-header, "Order takes effect; petition to delay it pending appeal denied".

SIMILARITIES

Both reports provided full version of the facts. Having recognised JBJ as leader of the Workers' Party and as a Member of Parliament, both reports identified the decision of the case and, the potential effects of the bankruptcy order. Also included was information about the line of cases that had arose as a result of this bankruptcy order. Both also provided brief details about the eight claimants in the case.

DIFFERENCES

In ST's report, the judge who dismissed the application was not identified. He was, however, named in SW's report. Interestingly, ST chose to focus aspects of its report on the two lawyers who had challenged the application: Senior Counsel Davinder Singh and Mr Hri Kumar. SC Singh, who is linked with the People's Action Party, is also an MP. The report highlighted how SC Singh had counter-argued points put forward by JBJ in the case and also cautioned the judge against setting "a bad legal precedent".

The SW report also carried comments made by JBJ about what he intends to do next regarding the application. As an international news piece, the SW report also provided further information about JBJ: "Jeyaretnam broke a 16-year monopoly by the ruling People's Action Party (PAP) when he was first elected to parliament in 1981". More relevantly, the SW report also highlighted some other cases involving JBJ that were pending: "The staunch long-time foe of the PAP faces more legal hurdles with several PAP leaders including former premier Lee Kuan Yew pressing defamation cases against him". Such information was not provided in the ST report.

There was also some uncertainty about how much JBJ actually owes. ST reported, "They are seeking $227,000 in defamatory damages". Alternatively, SW noted, "He owes $235,000". To date, JBJ has made two press releases about his bankruptcy order, which are both available on a website run by Think Centre. There is also an article, "Action to wind-up The Workers' Party", that features this matter on the Workers' Party website. However, none of these materials provide a definitive estimate of JBJ's debt.

Overall, the reports were highly differentiated.

ERRORS OF FACT

The SW report identified JBJ as Chairman of the Workers' Party. He is, in fact, its Secretary-General. It further alleged that he was made a bankrupt in February after he failed to make a payment for damages. He was, in fact, made a bankrupt in January. Both these facts are confirmed in a press release posted on a Think Centre web page. No attempt has yet been made to correct these errors. Thus, on the basis of facts, credit should be given to ST for its accuracy!

WHAT YOU SHOULD DO

Read both reports and decide which has better reported the matter. Then, e-mail both ST and SW with your feedback.

LINKS: ST - SW - Think Centre (JBJ's Press Releases) - & Workers' Party -

----- Report by ST

MAR 03, 2001 SATURDAY

JBJ fails to stave off bankruptcy Order takes effect; petition to delay it pending appeal denied

By Ahmad Osman

WORKERS' Party chief and Non-Constituency MP J.B. Jeyaretnam has failed to persuade the High Court not to implement its decision to make him a bankrupt until his appeal has been settled.

His application was dismissed with costs yesterday after it was opposed by Senior Counsel Davinder Singh and Mr Hri Kumar.

The two lawyers represent eight people defamed in an article in the August 1995 issue of the Workers' Party publication, The Hammer.

The eight were organisers of the first Tamil Language Week held in 1995. They are seeking $227,000 in defamatory damages which Mr Jeyaretnam had agreed to pay in monthly instalments.

He was made a bankrupt in January after he missed the deadline for the payment of the third instalment. Justice Tan Lee Meng dismissed his appeal last month.

He will challenge the judge's verdict in the Court of Appeal where he will be fighting for his political life.

Under the Constitution, a bankrupt cannot hold a seat in Parliament and must settle all his debts before he can take part in the next General Election, due by August next year.

Mr Jeyaretnam urged the court yesterday to delay the execution of the bankruptcy order until the outcome of his latest appeal, which could be heard within three months.

The order affected his personal status because he could not leave Singapore without the permission of the Official Assignee, who administers the financial affairs of bankrupts, he said.

He also said that a short delay in executing the order would not stop the eight plaintiffs seeking the payments from him from enjoying the fruits of their legal victory.

Mr Davinder Singh, however, argued that bankruptcy laws must protect the interests of creditors. He also noted that if Mr Jeyaretnam's application was successful, the case would set a bad legal precedent.

He added that Mr Jeyaretnam did not deserve any sympathy because of his conduct, as he had issued press statements containing unwarranted criticisms of Justice Tan and the motives of the eight creditors and their lawyers.

Copyright © 2001 Singapore Press Holdings. All rights reserved.

--- Report by SW

Jeya loses another round in battle to keep seat

Agence France Presse March 2, 2001 SINGAPORE

VETERAN Singapore opposition MP J.B. Jeyaretnam moved closer to losing his seat in parliament Mar 2 when the High Court dismissed his petition for the stay of a bankruptcy order.

It was the second legal defeat for the 74-year-old chairman of the Workers Party who is left with the Court of Appeal as the final avenue to explore.

"I have to consider whether I should pursue another application, this time before a judge of the Court of Appeal for a stay," Jeyaretnam, one of only three opposition members in the 93-seat parliament, said.

Last month, Jeyaretnam lost his first appeal against bankruptcy when the High Court ruled he was bound by an order last year to pay installments on a defamation claim on fixed dates.

A second application asking the High Court to stay the order declaring him bankrupt was rejected Mar 2 by High Court Judicial Commissioner Chan Seng Onn.

Under Singapore law, Jeyaretnam will lose his seat in parliament and be barred from running for office if a final ruling is made declaring him bankrupt.

He made a bankrupt last month after he missed the deadline to make a S$23,450 (US$13,477 US) payment for damages awarded to political opponents who had sued him for defamation.

He owes $235,000 to eight leaders of the local Indian community who successfully claimed they were defamed in a 1995 Workers Party article.

Jeyaretnam broke a 16-year monopoly by the ruling People's Action Party (PAP) when he was first elected to parliament in 1981.

The staunch long-time foe of the PAP faces more legal hurdles with several PAP leaders including former premier Lee Kuan Yew pressing defamation cases against him.