People who abuse court processes could be liable for contempt under new Bill
If passed, a person who conducts or commences multiple or successive court proceedings which he knows to be groundless can be liable for contempt of court.
by Koh Wan Ting · CNA · JoinSINGAPORE: People who persistently file court applications that are groundless, or for the purpose of delaying criminal proceedings, could soon be liable for contempt of court.
This was laid out in the Administration of Justice (Protection) (Amendment) Bill 2024, which was tabled in parliament on Monday (Oct 14). The Bill makes clear that egregious abuses of the court process will amount to contempt of court - which is when an act or conduct hinders the functionality of the court.
Explaining the need for the proposed amendments, the Ministry of Law (MinLaw) said cases of abuse of court processes are becoming more common in Singapore and overseas, as parties engage in "lawfare".
The ministry named three examples of such conduct:
- Commencing civil proceedings to seek financial damages despite knowing that the claim is without foundation, for the purpose of oppressing the other party
- Filing fictitious claims to delay criminal proceedings
- Persistently commencing actions and making applications that have no basis
Abusing the court process undermines the court's authority and hinders the administration of justice, the ministry said.
"This can impact the reputation of Singapore’s legal system and lead to an erosion of trust in our court system. Such cases also cause financial and psychological harm to the individuals who are forced to defend unmeritorious claims," it added.
CASES THAT ABUSED COURT PROCESS
The courts in Singapore have in recent years called out conduct that abuses the court process.
In January 2023, a man who filed two lawsuits against a woman who rejected him romantically had one of the applications thrown out by a deputy registrar of the Magistrate's Court.
In a judgment, the deputy registrar called K Kawshigan's civil suit an abuse of process, finding that the applicant had initiated the action with the "ulterior motive of vexing or oppressing" the woman.
In another case, two lawyers who acted for a Malaysian drug trafficker in an eleventh-hour attempt to stop his execution were ordered to pay S$20,000 (S$15,309) in costs to the Attorney-General's Chambers (AGC) in May 2022.
The Court of Appeal found that the way that lawyers M Ravi and Violet Netto had conducted the case had been a blatant and egregious abuse of the court process.
Also in 2022, a High Court judge rejected a drug trafficker's application for leave to commence judicial review against the AGC, saying that Mohammad Farid Batra had been trying to game the judicial system by delaying the sentence of caning until he turned 50. He cannot be caned if he is 50.
In deciding on the amendments, MinLaw said it had consulted those involved, including the judiciary.
The proposed changes will cover all court proceedings in Singapore and will include those who:
- Conduct or commence a court proceeding, while knowing that the application involves a deception on the court, or uses the court process for an ulterior motive
- Conduct or commence multiple or successive court proceedings, which they know are without basis
The amendments will also make parties who abet such conduct liable for contempt of court. For example, those who encourage parties to file a court application for nefarious purposes from behind the scenes.
MinLaw said, however, that individuals or lawyers who act with the genuine belief that their cases have merit, will not be penalised.
The court will examine the circumstances of the case before deciding on whether an act constitutes contempt.
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