3-10-2024 (SINGAPORE) The High Court of Singapore is poised to make legal history on October 3 as it prepares to sentence former Cabinet minister S. Iswaran, marking the first application of a long-dormant provision in the city-state’s penal code since its independence.
Iswaran, 62, who previously held the transport portfolio, sent shockwaves through Singapore’s political establishment when he pleaded guilty on September 24 to four charges under Section 165 of the Penal Code. This rarely invoked statute criminalises the acceptance of valuable items by public servants from individuals with whom they have official dealings.
The former minister admitted to obtaining items valued at over $400,000 from two prominent businessmen: Ong Beng Seng, chairman of Formula One race promoter Singapore GP, and David Lum Kok Seng, managing director of Lum Chang Holdings, a listed construction firm. In a gesture of contrition, Iswaran has already reimbursed the state more than $380,000 and agreed to forfeit the received items.
Additionally, Iswaran pleaded guilty to obstructing justice by repaying Singapore GP for a business-class flight he took at Mr Ong’s expense, an attempt to conceal the benefit he had received.
Initially facing 35 charges, including two counts of corruption, Iswaran saw the prosecution amend these to charges under Section 165 on the day of his plea. The Attorney-General’s Chambers (AGC) cited “litigation risks” in proving corruption beyond reasonable doubt as the rationale behind this decision.
The case has garnered intense public interest, not least because Iswaran is the first Cabinet minister to face sentencing in court since Singapore’s independence. It also represents the first reported conviction under Section 165, setting a precedent for future cases.
The prosecution and defence have presented starkly different views on the appropriate sentence. Deputy Attorney-General Tai Wei Shyong argued for a six to seven-month jail term, emphasising the gravity of Iswaran’s actions given his senior position and the potential damage to public confidence in governmental integrity. Conversely, Senior Counsel Davinder Singh, representing Iswaran, contended for a maximum of eight weeks’ imprisonment, if any, asserting that his client’s loyalty to the government remained uncompromised.
Justice Vincent Hoong, presiding over the case, has sought additional insights from both legal teams, particularly regarding a 2015 Malaysian case involving former Selangor chief minister Mohamad Khir Toyo. This move underscores the unprecedented nature of Iswaran’s case in Singapore’s legal landscape.
The sentencing decision is eagerly anticipated, not only for its immediate impact on Iswaran but also for its potential to shape future interpretations of Section 165. Legal experts suggest that the court’s ruling could establish a crucial benchmark for addressing similar offences by public officials.
