Re Gabriel Silas Tang Rafferty: Admission to the Bar Dismissed for Lack of Candour and Academic Misconduct
In the matter of Gabriel Silas Tang Rafferty, the High Court of Singapore dismissed his application for admission as an Advocate and Solicitor due to two incidents of academic misconduct during his time at Singapore Management University and a lack of candour in disclosing these incidents during the admission process. The court found that Rafferty had plagiarized assignments and failed to fully disclose the extent of his misconduct, demonstrating a character deficit that made him unfit for admission to the Bar. The court imposed a condition that Rafferty is not to bring a fresh application for admission for a period of not less than five years.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Application dismissed
1.3 Case Type
Others (Legal Profession — Admission)
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Admission to the Bar was dismissed due to academic misconduct and a lack of candour, highlighting the importance of honesty and integrity.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Gabriel Silas Tang Rafferty | Applicant | Individual | Application dismissed | Lost | Patrick Fernandez, Mohd Arshad |
| Attorney-General | Respondent | Government Agency | Objection upheld | Won | Shi Pei-Yi Sarah, Tay Jia Yi Pesdy |
| Law Society of Singapore | Respondent | Statutory Board | Objection upheld | Won | Darryl Chew Zijie |
| Singapore Institute of Legal Education | Respondent | Statutory Board | Objection upheld | Won | Chong Soon Yong Avery |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Patrick Fernandez | Fernandez LLC |
| Mohd Arshad | Fernandez LLC |
| Shi Pei-Yi Sarah | Attorney-General’s Chambers |
| Tay Jia Yi Pesdy | Attorney-General’s Chambers |
| Darryl Chew Zijie | Chia Wong Chambers LLC |
| Chong Soon Yong Avery | Avery Chong Law Practice |
4. Facts
- The applicant committed plagiarism in a Legal Research and Writing 2 assignment.
- The applicant failed to properly attribute sources in a Comparative Legal Systems research paper.
- The applicant did not initially disclose the first incident of plagiarism in his admission affidavit.
- The applicant under-declared the extent of his plagiarism in both incidents.
- The applicant claimed he believed the first incident was confidential.
- The applicant was 47 years old at the time of the application.
- The Attorney-General learned of the undisclosed plagiarism incident from SMU.
5. Formal Citations
- Re Gabriel Silas Tang Rafferty, Admission of Advocates and Solicitors No 224 of 2022, [2024] SGHC 82
6. Timeline
| Date | Event |
|---|---|
| Legal Profession Act 1966 enacted | |
| Legal Profession (Admission) Rules 2011 enacted | |
| Applicant enrolled in Juris Doctor law programme at Singapore Management University | |
| Applicant enrolled in Legal Research and Writing 2 module | |
| Applicant enrolled in Comparative Legal Systems module | |
| Assignment due for Legal Research and Writing 2 module | |
| Applicant submitted assignment for Legal Research and Writing 2 module | |
| Ms Ong informed the Applicant that substantial portions of similarity with another piece of work had been flagged out in relation to the Assignment | |
| Applicant emailed Ms Ong to apologise for the incident | |
| Ms Ong informed the Applicant that he would be penalised by receiving a failing grade for the Assignment | |
| Applicant submitted CLS Research Paper | |
| Applicant was confronted by Prof de Visser | |
| Letter of Reprimand issued to the Applicant | |
| Applicant filed HC/AAS 224/2022 for admission as an Advocate and Solicitor | |
| Applicant filed affidavit in support of the Application | |
| Applicant filed supplementary affidavit | |
| AG learned of the First Incident | |
| Applicant was asked by the AG to provide further information regarding the First Incident | |
| Applicant filed supplementary affidavit | |
| Applicant disclosed the First Incident in his third supplementary affidavit | |
| AG filed a Notice of Objection | |
| Law Society of Singapore and the Singapore Institute of Legal Education filed objections | |
| Court heard the Application and adjourned the matter | |
| Judgment reserved | |
| Judgment issued |
7. Legal Issues
- Fitness for Admission to the Bar
- Outcome: The court found the applicant unfit for admission due to a lack of candour and academic misconduct.
- Category: Substantive
- Sub-Issues:
- Lack of candour
- Academic misconduct
- Dishonesty
- Duty of Candour
- Outcome: The court held that the applicant breached his duty of candour by failing to disclose a prior incident of academic misconduct.
- Category: Substantive
- Sub-Issues:
- Non-disclosure of relevant facts
- Misleading the court
- Academic Misconduct
- Outcome: The court found that the applicant committed plagiarism on two separate occasions, demonstrating a disregard for academic integrity.
- Category: Substantive
- Sub-Issues:
- Plagiarism
- Violation of academic integrity
8. Remedies Sought
- Admission to the Bar
9. Cause of Actions
- Failure to meet requirements for admission to the Bar
10. Practice Areas
- Regulatory Law
- Legal Education
11. Industries
- Legal Services
- Education
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Wong Wai Loong Sean and other matters | High Court | Yes | [2023] 4 SLR 541 | Singapore | Cited for the principles guiding admission applications, including character assessment and factors considered by the court. |
| Re Lee Jun Ming Chester and other matters | High Court | Yes | [2023] SGHC 282 | Singapore | Cited to support the point that misconduct in this context is not limited to academic misconduct, but extends more broadly to all matters caught by para 7 of the prescribed form for admission in the Legal Profession (Admission) Rules 2011 which bear on an applicant’s suitability to practice |
| Re Tay Jie Qi and another matter | High Court | Yes | [2023] 4 SLR 1258 | Singapore | Cited for the importance of remorse and rehabilitation in assessing an applicant's suitability for admission, especially when a significant period has passed since the misconduct. |
| Re Tay Quan Li Leon | High Court | Yes | [2022] 5 SLR 896 | Singapore | Cited as a case where the court considered the option of permitting the applicant to withdraw the admission application. |
| Re Monisha Devaraj and other matters | High Court | Yes | [2022] 5 SLR 638 | Singapore | Cited as a case where the court considered the option of permitting the applicant to withdraw the admission application. |
| Re Suria Shaik Aziz | High Court | Yes | [2023] 5 SLR 1272 | Singapore | Cited for the importance of candour in the admission process, especially when a substantial time has passed since the original misconduct. |
| Re Ong Pei Qi Stasia | High Court | Yes | [2024] SGHC 61 | Singapore | Cited as a case where the applicant was deemed fit for admission due to her candour and voluntary disclosure of past misconduct. |
| Law Society of Singapore v Chia Choon Yang | Court of Appeal | Yes | [2018] 5 SLR 1068 | Singapore | Cited for the principle that the justice system hinges on a solicitor’s paramount and overriding duty to the court. |
| Public Trustee and another v By Products Traders Pte Ltd and others | High Court | Yes | [2005] 3 SLR(R) 449 | Singapore | Cited for the principle that the justice system hinges on a solicitor’s paramount and overriding duty to the court. |
| Law Society of Singapore v Ravindra Samuel | Court of Appeal | Yes | [1999] 1 SLR(R) 266 | Singapore | Cited for the principle that the justice system hinges on a solicitor’s paramount and overriding duty to the court. |
13. Applicable Rules
| Rule Name |
|---|
| Legal Profession (Admission) Rules 2011 |
| Legal Profession (Admission) Rules 2011, Rule 25 |
| Rules of Court 2021, O 3 r 2(2) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act 1966 | Singapore |
| Legal Profession Act 1966, Section 12 | Singapore |
| Legal Profession (Amendment) Act 2023 (Act 37 of 2023) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Admission to the Bar
- Lack of Candour
- Academic Misconduct
- Plagiarism
- Duty of Disclosure
- Fitness for Practice
- Legal Profession Act
- Legal Profession (Admission) Rules
- Rehabilitation
- Integrity
- Honesty
15.2 Keywords
- admission
- advocate
- solicitor
- plagiarism
- candour
- misconduct
- Singapore
- legal profession
- ethics
- integrity
16. Subjects
- Legal Ethics
- Professional Conduct
- Legal Education
17. Areas of Law
- Legal Profession
- Admission to the Bar
- Ethics
- Professional Responsibility