5-7-2024 (SINGAPORE) In a high-profile legal battle, former transport minister S. Iswaran, who faces 35 charges involving more than $400,000 worth of items, has mounted a vigorous effort to compel the prosecution to disclose conditioned statements from all 56 prosecution witnesses.
On July 5, Iswaran’s legal team, led by Senior Counsel Davinder Singh, appeared before the High Court, arguing for the disclosure of these crucial statements as a matter of transparency and fairness in the upcoming trial.
A conditioned statement is a written statement provided by a witness, rather than oral testimony, and is a common mode of evidence presentation in criminal proceedings.
The prosecution team, headed by Deputy Attorney-General Tai Wei Shyong, countered that they had already provided a comprehensive list of the 56 witnesses and their respective roles in the case, maintaining that they were not obligated to furnish the conditioned statements.
Among the seven prosecution witnesses named in the court documents was Iswaran’s wife, Taylor Kay Mary, whose statements recorded by the Corrupt Practices Investigation Bureau during the investigations had been disclosed to the defence.
The charges against Iswaran are multifaceted, with 27 relating to hotel and property tycoon Ong Beng Seng, and eight involving David Lum Kok Seng, the managing director of mainboard-listed Lum Chang Holdings. The offenses span corruption, obstructing the course of justice, and violations of Section 165 of the Penal Code, which criminalizes public servants accepting valuable items in connection with their official duties.
Singh argued that the prosecution’s refusal to provide the conditioned statements, despite previously indicating their willingness to do so for the charges related to Lum, constituted a breach of fairness and transparency. He emphasized the defense’s need to prepare adequately, asserting that Iswaran was entitled to the prosecution’s evidence supporting the charges, including witness statements.
“Why is the prosecution doing this? Why is my client being singled out? And with the effect that he would be discriminated against, by him being refused what everybody else gets?” Singh questioned before Justice Vincent Hoong.
In response, Tai vehemently rejected the notion of unfair treatment, stating that the prosecution had no intention to surprise, ambush, or discriminate against the defense. He maintained that the defense had been provided with ample material, including the charges, witness and exhibit lists, and 66 statements recorded from Iswaran, to prepare their case effectively.
The prosecution further noted that it had disclosed messages between Iswaran and several prosecution witnesses, including WhatsApp conversations with Ong and Lum, as well as 37 witness statements from seven prosecution witnesses.
Undeterred, Singh reiterated his client’s determination to confront the charges head-on, emphasizing Iswaran’s desire for an early trial and the court’s decision on the matter.
Justice Hoong has reserved judgment on the contentious issue, adjourning the hearing to a later date, as the legal battle over disclosure continues to unfold in this high-stakes trial.
