SINGAPORE — Former transport minister S Iswaran on Tuesday (Sept 3) failed in his third attempt to compel the prosecution to provide statements of all its witnesses to the defence.
SINGAPORE — Former transport minister S Iswaran on Tuesday failed in his third attempt to compel the prosecution to provide statements of all its witnesses to the defence.New: You can now listen to articles.SINGAPORE — Former transport minister S Iswaran on Tuesday failed in his third attempt to compel the prosecution to provide statements of all its witnesses to the defence.
Iswaran faces a total of 35 charges comprising 32 counts of obtaining valuables as a public servant, two counts of corruption and one of obstructing justice. Section 264 refers to conditioned statements — written statements that are admissible as evidence in a criminal proceeding. Justice Chong said he was"not even sure one can admit a draft statement", and that if Section 214 covers draft statements like Mr Singh was saying,"in the first place, you can't intend to admit a draft statement".
"What I'm saying is — the law cannot leave this to the mind of the prosecution and when he forms that intention," said the veteran lawyer."On Apr 2, the prosecution asked us — and it's in the transcript — will we consent to conditioned statements being filed? And they wanted us to consent to the conditioned statements, without even seeing those statements. So our position was — you can show us those statements before you ask us to consent.
Discovery requires parties to disclose information and documents to the opposing party for a case and trial. Chief Justice Menon said Mr Singh was asking the court to"effectively craft a discovery regime" that will be equal with what prevailed in the past when committal hearings were used,"and that's a danger when parliament hasn't dealt with it".
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