Prosecution of S. Iswaran

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Public Prosecutor v S Iswaran
SupremeCourtBuilding-Singapore-20070210.jpg
Court High Court of Singapore
Decided3 October 2024
VerdictGuilty on all counts
ChargeObtaining valuable items as a public servant under Section 165 of the Penal Code (4 counts)
Obstruction of justice under Section 204A(a) of the Penal Code (1 count)
Citation [2024] SGHC 251
Court membership
Judge sittingVincent Hoong
S. Iswaran in 2016 The Trade Minister of Singapore, Shri S. Iswaran meeting the Union Minister for Urban Development, Housing & Urban Poverty Alleviation and Information & Broadcasting, Shri M. Venkaiah Naidu, in New Delhi on October 03, 2016 (cropped).jpg
S. Iswaran in 2016

Public Prosecutor v S Iswaran was a criminal case brought by the Attorney-General of Singapore against Singaporean former politician Subramaniam Iswaran, who faced 35 [lower-alpha 1] charges of "obtaining gratification as a public servant", [2] corruption, [3] and obstructing justice. [4] The lawsuit was precipitated by an investigation of Iswaran's dealings with Malaysian billionaire Ong Beng Seng by the Corrupt Practices Investigation Bureau (CPIB) that officially began on 11 July 2023 and ended sometime before 9 January 2024. Iswaran announced his resignation from the government on 18 January 2024.

Contents

The trial began on 24 September 2024 and ended after five hours, with Iswaran pleading guilty to four charges of "obtaining gratification as a public servant" and one charge of obstructing justice under Sections 165 and 204A(a) of the Penal Code respectively. He became the first minister to be charged and tried in court since Wee Toon Boon in 1975; the first minister to be investigated for corruption since Teh Cheang Wan in 1986; and the first individual ever to be charged under Section 165 of the Penal Code since independence in 1965. On 3 October 2024, Iswaran was sentenced to 12 months of imprisonment.

Investigation

On 29 May 2023, the Corrupt Practices Investigation Bureau (CPIB) alerted Prime Minister Lee Hsien Loong about "information concerning (Minister for Transport and Minister-in-charge of Trade Relations S. Iswaran) that merited investigation". [5]

On 11 July 2023, [4] with Lee's concurrence, [6] the CPIB officially began a criminal investigation into Iswaran's dealings with Malaysian billionaire Ong Beng Seng and his businesses, including Como Holdings (UK) and Singapore Grand Prix. [3] [7] Both Iswaran and Ong were arrested on the same day and given bail. [5] The last cabinet minister to be investigated by the CPIB prior to Iswaran was Teh Cheang Wan in 1986, who killed himself before charges could be filed. [8]

On 2 August 2023, Lee announced that he had instructed Iswaran to take a leave of absence until the conclusion of the CPIB's investigation. Lee also revealed that Iswaran's monthly ministerial pay had been reduced to S$8,500, [5] although he would continue to receive his full yearly allowance of S$192,500 as a Member of Parliament. [9]

On 9 January 2024, Minister for Education Chan Chun Sing announced on Lee's behalf that the CPIB's investigation had concluded. [10] The Attorney-General's Chambers subsequently began reviewing the case. [4]

Charges

The prosecution, led by Deputy Attorney-General Tai Wei Shyong and also comprising Chief Prosecutor Tan Kiat Pheng, Deputy Chief Prosecutor Jiang Ke-Yue, and Deputy Public Prosecutor Kelvin Chong, [7] presented Iswaran with 36 charges on 16 January 2024, [11] but ultimately proceeded with only 27 charges that were publicly announced at the Criminal Mentions Court on 18 January. [7] Iswaran thus became the first minister to be charged and tried in court since Minister of State for the Environment Wee Toon Boon in April 1975. [12]

Entering the courtroom around 08:15, [11] Iswaran pleaded not guilty to the 27 charges, including 24 charges of "obtaining gratification as a public servant" [2] under Section 165 of the Penal Code; [13] two charges of corruption under Section 6(a) of the Prevention of Corruption Act; [14] and one charge of obstructing the course of justice under Section 204A(a) of the Penal Code. [13] [15] It was the first time in 153 years (since the introduction of the Penal Code to Singapore in 1871) that a person had been charged under Section 165 of the code. [16] Davinder Singh served as defence counsel for Iswaran. [17]

The prosecution alleged that between 2015 and 2022, Iswaran had obtained as bribes items valued at more than S$384,000, [18] including hotel stays, private jet and business class flights to and from Doha, as well as tickets to the Singapore Grand Prix and various football matches and performances in the United Kingdom. [7] Iswaran was granted bail of S$800,000. [11] The case was transferred to the High Court, with a chambers hearing due to take place on 2 April 2024. [1]

On 18 March 2024, [19] Iswaran was served eight additional charges relating to alleged offences that had been committed between November 2021 and November 2022. According to the CPIB, Iswaran had obtained nearly S$19,000 worth of valuables from businessman David Lum Kok Seng, [20] including several bottles of wine and whiskey, golf clubs, and a Brompton bicycle. [21] The new charges were publicly announced on 25 March 2024; arriving in court around 08:20, Iswaran pleaded not guilty to all eight charges. [1]

However, the two corruption charges were later amended to two more charges under Section 165 of the Penal Code. On 23 September 2024, Iswaran made a "voluntary disgorgement" (returning ill-gotten gains) of S$380,305.95 to the state. The trial began the next day at 10:00, with Judge Vincent Hoong presiding over the case. [22] The prosecution proceeded with only four charges of obtaining valuable items as a public servant and one charge of obstructing the course of justice against Iswaran, who pleaded guilty to all five charges. [23] Iswaran's guilty plea was accepted by the judge and the hearing concluded after some five hours. [24]

Sentencing

On 3 October 2024, Iswaran was sentenced to 12 months of imprisonment by Justice Vincent Hoong, who described the prosecution's request of 6 to 7 months of imprisonment as "manifestly inadequate". [25] In addition to the four charges under Section 165 of the Penal Code and one charge of obstructing the course of justice under Section 204A(a) of the Penal Code, 30 other charges under Section 165 of the Penal Code were taken into consideration for the purpose of determining the sentence to be imposed. [26]

Members of the courtroom gallery were heard gasping as the sentence was announced, while Iswaran's wife, Kay Mary Taylor, shook her head. [27] Several local lawyers opined that it was rare, but not unprecedented, for the judge to impose a sentence that was more severe than the one that had been requested by the prosecution. [28]

Iswaran began serving his sentence at Changi Prison on 7 October. Iswaran confirmed he would not appeal against the jail term, and the prison authorities stated that he would be confined at a one-man prison cell throughout his incarceration due to potential risks of his safety. [29]

Reactions

Defendant

On 16 January 2024, Iswaran resigned as Cabinet minister, Member of Parliament for the West Coast Group Representation Constituency, and member of the People's Action Party. [4] He added that he would voluntarily return all the money that he had earned as a minister and a Member of Parliament since July 2023. [30] Shortly after being charged in court on 18 January, Iswaran declared in a statement to the media: "I am innocent and will now focus on clearing my name." [31]

The portfolios for Minister for Transport and Minister-in-charge of Trade Relations were subsequently assumed by Chee Hong Tat and Grace Fu respectively. National Development Minister Desmond Lee, also an MP for the West Coast GRC, took over Iswaran's MP duties. [32]

Following his sentencing, Iswaran wrote on Facebook: "I accept that as a minister what I did was wrong under Section 165. I accept full responsibility for my actions and apologise unreservedly to all Singaporeans." [33]

People's Action Party

In his reply to Iswaran's letter of resignation, Prime Minister Lee wrote: "I am disappointed and saddened that you are leaving politics in these circumstances. But it is essential that I deal with such matters rigorously in accordance with the law. It is the right thing to do. We must uphold the integrity of the party and the government." [34]

Deputy Prime Minister Lawrence Wong acknowledged that Iswaran's case would dampen party morale, but added: "The People's Action Party's stance on corruption is non-negotiable and part of its DNA. There can be no compromise, relaxation, or fudging the issue; no matter the political price." [35] Following Iswaran's sentencing, Wong—who had since succeeded Lee as Prime Minister—admitted that he was "disappointed and saddened", but added that "as painful as it is to act against a colleague and friend, it is our duty to do so when necessary." [36]

See also

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References

Notes

  1. ↑ Iswaran was handed 27 charges at his first court hearing on 18 January 2024, but 8 additional ones were publicly announced on 25 March 2024. [1]

Citations

  1. 1 2 3 Devaraj, Samuel; Wong, Shiying (25 March 2024). "Iswaran faces 8 new charges over obtaining $19k in items including Brompton bike, golf clubs". The Straits Times . Archived from the original on 23 September 2024. Retrieved 25 September 2024.
  2. 1 2 Ng, Kelly; Wong, Tessa (18 January 2024). "Singapore minister Iswaran charged in rare corruption case". BBC News. Archived from the original on 25 September 2024. Retrieved 18 January 2024. Subramaniam Iswaran pleaded not guilty to 27 charges including "obtaining gratification as a public servant".
  3. 1 2 Low, De Wei; Heijmans, Philip; Mokhtar, Faris (18 January 2024). "Singapore Ex-Minister's Graft Charges: 'Kinky Boots' and Soccer". Bloomberg News . Retrieved 18 January 2024.
  4. 1 2 3 4 "Timeline: Iswaran's 6 months – from start of graft probe to pleading not guilty and resigning". CNA. 18 January 2024. Archived from the original on 29 February 2024. Retrieved 18 January 2024.
  5. 1 2 3 Tan, Judith (3 August 2023). "Iswaran's monthly pay cut to $8,500 until further notice amid CPIB probe: PM Lee". The Straits Times . Archived from the original on 25 September 2024. Retrieved 3 August 2023.
  6. ↑ See, Sharon (18 January 2024). "Iswaran resigns; Chee Hong Tat, Grace Fu take over his portfolios". The Business Times . Archived from the original on 18 January 2024. Retrieved 18 January 2024.
  7. 1 2 3 4 Devaraj, Samuel; Alkhatib, Shaffiq (18 January 2023). "Former transport minister S. Iswaran faces 27 charges including corruption, says he is not guilty". The Straits Times . Archived from the original on 18 January 2024. Retrieved 18 January 2024.
  8. ↑ Strangio, Sebastian (18 January 2024). "Singapore's Ex-Transport Minister Charged With 27 Offenses, Including Corruption". The Diplomat . Archived from the original on 25 September 2024. Retrieved 18 January 2024.
  9. ↑ "'I am innocent': Iswaran rejects allegations against him, says he will focus on clearing his name". CNA. 18 January 2024. Archived from the original on 18 January 2024. Retrieved 18 January 2023.
  10. ↑ "CPIB probe into Iswaran completed, case under review by AGC". CNA. 9 January 2024. Archived from the original on 18 January 2024. Retrieved 18 January 2024.
  11. 1 2 3 Lam, Lydia; Tang, Louisa (18 January 2024). "Iswaran charged with multiple offences including corruption, resigns as Transport Minister". CNA. Archived from the original on 18 January 2024. Retrieved 18 January 2024.
  12. ↑ Samsuri, Sufiyan (18 January 2024). "Iswaran charged: A look at some past corruption cases involving high-ranking government officials". CNA. Archived from the original on 18 January 2024. Retrieved 18 January 2024.
  13. 1 2 Zalizan, Taufiq; Ong, Jasmine (18 January 2024). "Iswaran handed 27 charges for corruption, obtaining valuables as a public servant and obstructing justice". Today . Archived from the original on 25 September 2024. Retrieved 18 January 2024.
  14. ↑ Tang, Louisa (18 January 2024). "CNA Explains: Iswaran's charges – Section 165, 'obtain' vs 'accept' and other legal nuances". CNA. Archived from the original on 18 January 2024. Retrieved 18 January 2023.
  15. ↑ Zhu, Michelle (18 January 2024). "Iswaran charged with corruption, obtaining 'valuable things' from Ong Beng Seng". The Business Times . Archived from the original on 18 January 2024. Retrieved 18 January 2024.
  16. ↑ Wong, Shiying (20 January 2024). "askST: Iswaran is the first reported person to be charged under Section 165. What is this provision?". The Straits Times . Archived from the original on 25 September 2024. Retrieved 23 January 2024.
  17. ↑ Tang, Louisa (20 January 2024). "Iswaran corruption case: Who are the lawyers leading the prosecution and defence?". CNA. Archived from the original on 30 March 2024. Retrieved 30 March 2024.
  18. ↑ Lakshmi, A. Anantha (18 January 2024). "Singapore minister charged with corruption over kickbacks from tycoon". Financial Times . Archived from the original on 25 September 2024. Retrieved 18 January 2024. The charges allege he received kickbacks totalling more than S$384,000 (US$285,770) in value between 2015 and 2022, according to the Corrupt Practices Investigation Bureau.
  19. ↑ Lam, Lydia (25 March 2024). "Iswaran gets 8 new charges of obtaining S$19,000 in valuables such as whisky, Brompton bike from construction firm boss". CNA . Archived from the original on 12 August 2024. Retrieved 25 September 2024. When Iswaran went to CPIB's office on Mar 18, he was served the eight new charges and CPIB took cautioned statements from him, said Mr Thevar.
  20. ↑ Heijmans, Philip; Low, De Wei (25 March 2024). "Singapore Ex-Minister's Faces Fresh Graft Charges Over Whisky, Golf, Brompton". Bloomberg News . Retrieved 25 September 2024.
  21. ↑ Devaraj, Samuel (25 March 2024). "Brompton T Line bike, whisky, golf clubs: What are the valuables involved in Iswaran's new charges?". The Straits Times . Archived from the original on 22 September 2024. Retrieved 25 September 2024.
  22. ↑ Lam, Lydia (24 September 2024). "Prosecution and defence clash in arguing for jail term of months versus weeks for S Iswaran". CNA. Archived from the original on 25 September 2024. Retrieved 25 September 2024.
  23. ↑ Ang, Hwee Min (24 September 2024). "CNA Explains: Why did the prosecution amend the charges brought against Iswaran?". CNA. Archived from the original on 25 September 2024. Retrieved 25 September 2024.
  24. ↑ Chua, Nadine; Lum, Selina; Wong, Shiying; Tan, Christine (24 September 2024). "Iswaran convicted of 5 charges, will be sentenced on Oct 3". The Straits Times . Archived from the original on 24 September 2024. Retrieved 25 September 2024.
  25. ↑ Chia, Osmond (3 October 2024). "Why was Iswaran handed a one-year jail sentence? Key points from judgment". The Straits Times.
  26. ↑ Chua, Nadine; Shiying, Wong; Wong, Andrew (3 October 2024). "Iswaran gets 12 months' jail; sentence nearly double what prosecution sought". The Straits Times . ISSN   0585-3923 . Retrieved 5 October 2024.
  27. ↑ "Iswaran gets 12 months' jail; sentence nearly double what prosecution sought". The Straits Times. 3 October 2024.
  28. ↑ Koh, Wan Ting; Lam, Lydia (3 October 2024). "Lawyers weigh in on Iswaran's jail term: Unusual for judge to give longer sentence than sought". CNA.
  29. ↑ Wong, Andrew (8 October 2024). "Iswaran housed in single-man cell due to 'higher safety and security risk': S'pore Prison Service". The Straits Times .
  30. ↑ Wee, Sui-lee (18 January 2024). "In a Rare Move, Singapore Charges a Government Minister With Corruption". The New York Times . Archived from the original on 25 September 2024. Retrieved 18 January 2024.
  31. ↑ Iau, Jean; Zachariah, Natasha Ann (18 January 2024). "'I am innocent and will now focus on clearing my name': Iswaran resigns, will return salary, allowance". The Straits Times . Archived from the original on 13 August 2024. Retrieved 18 January 2024.
  32. ↑ "Iswaran resigns; Chee Hong Tat, Grace Fu take over his portfolios". The Business Times . 18 January 2024. Archived from the original on 18 January 2024. Retrieved 18 January 2024.
  33. ↑ Wong, Shiying; Wong, Andrew (8 October 2024). "Iswaran arrives at State Courts for start of 12-month jail term after deciding not to appeal". The Straits Times .
  34. ↑ "In full: Iswaran's resignation letters and PM Lee's response". CNA. 18 January 2024. Archived from the original on 18 January 2024. Retrieved 18 January 2024.
  35. ↑ Iau, Jean; Zachariah, Natasha Ann (18 January 2024). "PAP's stance on corruption is non-negotiable, part of its DNA: DPM Lawrence Wong on Iswaran's case". The Straits Times . Archived from the original on 25 September 2024. Retrieved 18 January 2024.
  36. ↑ Goh, Yan Han (3 October 2024). "'Disappointed and saddened' but it is Govt's duty to act when needed to stay clean: PM Wong on Iswaran". The Straits Times.
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