SINGAPORE: The Chief Executive Officer of the Arts Theatre of Singapore, Mr Koh Chong Chiah, has been awarded S$30,000 in damages after successfully bringing a defamation suit against the Management Corporation Strata Title (MCST) of Oxley Bizhub, an industrial complex located along Ubi Road 1.
In a judgment delivered on 11 June, District Judge Seah Chi-Ling found that a letter disseminated by the management corporation contained defamatory statements about Mr Koh, 71, a former senior banker and recipient of the Public Service Medal (PBM). The judge assessed the overall severity of the defamation as “moderately severe”, awarding less than the S$150,000 in general damages initially sought by Mr Koh and rejecting his claim for an additional S$100,000 in aggravated damages.
Mr Koh, who leads the Chinese-language drama charity organisation, sued the MCST over a letter distributed in June 2021 to all subsidiary proprietors at Oxley Bizhub. The letter, which bore the MCST’s letterhead, also appeared to be addressed to several government agencies, including the Prime Minister’s Office, the People’s Association, and the Building and Construction Authority.
The document accused Mr Koh of bullying, harassment, and the misuse of his PBM title to exert pressure on public agencies. It further alleged that he led a group dubbed the “Oxley Task Force” and that he had vandalised facilities within the building to discredit the management.
An email referencing the same letter was subsequently circulated on 10 June 2021 from the management corporation’s email account, requesting support for a petition endorsing its contents.
During the trial, six witnesses testified, including Mr Koh, two proprietors affiliated with the “Oxley Task Force”, a management council member, the current chairman, and a consultant from the managing agent. The judge ultimately found four of the five contested statements defamatory, concluding that they suggested unethical behaviour, misconduct and an abuse of public recognition.
Judge Seah noted the MCST had initially raised, but later abandoned, defences including justification, fair comment and qualified privilege. While he concluded that the letter had been distributed to all subsidiary proprietors, there was insufficient evidence to prove it had also been sent to government agencies. The court found no confirmation from any recipients and no acknowledgements of receipt.
In determining the quantum of damages, the judge identified the defamatory references to Mr Koh’s PBM status as aggravating. He highlighted how the MCST had “deliberately emphasised” Mr Koh’s honorary title by placing it in bold throughout the letter, thereby implying that Mr Koh had betrayed the values that the award symbolises.
However, Judge Seah clarified that Mr Koh’s social standing, while enhanced by the PBM, did not place him in the same professional category as prior defamation claimants such as high-ranking executives or elected officials.
The scope of publication was considered limited. Although Oxley Bizhub comprises 728 units, the actual number of unique recipients may have been fewer due to multiple unit ownership by some proprietors.
The judge also accepted that the MCST’s primary intention was to seek government assistance in mediating its disputes with Mr Koh, rather than to maliciously defame him. The court acknowledged evidence that Mr Koh had submitted numerous complaints to public bodies over the years, with approximately 94 emails exchanged in 2019 alone between Mr Koh’s group and the management.
Mr Koh’s claim for an injunction to prevent any future repetition of the statements was also denied, as there had been no republication of the material in the four years since its initial release.
-CNA
