Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
Impartiality
107
While the defendant took issue with Dr Phan’s expertise and
impartiality, I do not find that there was any lack of impartiality as had been
argued by the defendant. The thrust of the defendant’s submissions in this regard
related to Dr Phan’s grant from the government for research funding, and the
fact that his AEIC shadowed that of the plaintiff.
108
I do not find that the grant affected the credibility of any part of Dr
Phan’s report or his testimony. Grants, particularly, government-related grants,
are the lifeblood of academic research, and it is to be expected that many
academic experts would have received a grant in one form or another. For an
expert’s credibility to be impugned, there has to be some evidence put forward
that the grant has somehow created a real and substantial risk of the expert
opinion being subverted, breaching the obligation owed by the expert to the
Court. There was no such evidence here.
109
As for the shadowing of the words of the plaintiff’s affidavit, deponents
should generally depose using their own words, but some editing is to be
expected. While there was some unfortunate similarity in language used
between Dr Phan and the plaintiff’s affidavits, I do not find that the shadowing
of the plaintiff’s words here went towards the substance of what Dr Phan had
given evidence on. There was no indication that the words used conveyed
anything other than what Dr Phan intended, and, in any event, the crux of Dr
Phan’s evidence on the cascade effect and his estimates of the Post’s reach in
this case were his own. I thus did not accept the defendant’s attempts to impugn
Dr Phan’s credibility in this regard.
58
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