Prosecution of S. Iswaran explained

Public Prosecutor v. S Iswaran
Court:State Courts of Singapore
Citations:HC/HC 900019/2024
Italic Title:no

Public Prosecutor v. S Iswaran is a case brought by the Attorney-General of Singapore against Singaporean former politician Subramaniam Iswaran, who faces 35 charges of "obtaining gratification as a public servant",[1] corruption,[2] and obstructing justice.[3] 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.

On 18 January 2024, Iswaran pleaded not guilty to the charges and announced his resignation from the government. He was the first minister to be charged and tried in court since Wee Toon Boon in 1975.

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".[4]

On 11 July 2023,[3] with Lee's concurrence,[5] 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.[2] [6] Both Iswaran and Ong were arrested on the same day and given bail.[4] 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.[7]

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,[4] although he would continue to receive his full yearly allowance of S$192,500 as a Member of Parliament.[8]

On 9 January 2024, Minister for Education Chan Chun Sing announced on Lee's behalf that the CPIB's investigation had concluded.[9] The Attorney-General's Chambers subsequently began reviewing the case.[3]

Charges

The prosecution, comprising Chief Prosecutor Tan Kiat Pheng, Deputy Chief Prosecutor Jiang Ke-Yue, and Deputy Public Prosecutor Kelvin Chong,[6] presented Iswaran with 36 charges on 16 January 2024,[10] but ultimately proceeded with only 27 charges that were publicly announced at the Criminal Mentions Court on 18 January.[6] 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.[11]

Entering the courtroom around 08:15,[10] Iswaran pleaded not guilty to the 27 charges, including 24 charges of "obtaining gratification as a public servant"[1] under Section 165 of the Penal Code; two charges of corruption under Section 6(a) of the Prevention of Corruption Act;[12] and one charge of obstructing the course of justice under Section 204A(a) of the Penal Code.[13] [14] 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.[15] He engaged Davinder Singh of Davinder Singh Chambers as defence counsel.[16]

The prosecution alleged that between 2015 and 2022, Iswaran had obtained as bribes items valued at more than S$384,000,[17] 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.[6] Iswaran was granted bail of S$800,000.[10] The case was transferred to the High Court, with a chambers hearing due to take place on 2 April 2024.[18]

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.[18]

Iswaran was scheduled to stand trial on 10 September 2024, after it was pushed back from the original trial date of 13 August 2024.[22]

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.[3] 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.[23] 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."[24]

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.[25]

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."[26]

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."[27]

Notes and References

  1. News: Singapore minister Iswaran charged in rare corruption case. Kelly. Ng. Tessa. Wong. BBC News. 18 January 2024. 18 January 2024. Subramaniam Iswaran pleaded not guilty to 27 charges including "obtaining gratification as a public servant"..
  2. News: Singapore Ex-Minister's Graft Charges: 'Kinky Boots' and Soccer. 18 January 2024. Bloomberg News. 18 January 2024. De Wei. Low. Philip. Heijmans. Faris. Mokhtar.
  3. News: Timeline: Iswaran's 6 months – from start of graft probe to pleading not guilty and resigning. 18 January 2024. CNA. 18 January 2024.
  4. News: Judith. Tan. Iswaran's monthly pay cut to $8,500 until further notice amid CPIB probe: PM Lee. 3 August 2023. The Straits Times. 3 August 2023.
  5. News: Iswaran resigns; Chee Hong Tat, Grace Fu take over his portfolios. The Business Times. Sharon. See. 18 January 2024.
  6. News: Former transport minister S. Iswaran faces 27 charges including corruption, says he is not guilty. The Straits Times. 18 January 2024. 18 January 2023. Samuel. Devaraj. Shaffiq. Alkhatib.
  7. News: Singapore's Ex-Transport Minister Charged With 27 Offenses, Including Corruption. The Diplomat. 18 January 2024. Strangio. Sebastian.
  8. News: 'I am innocent': Iswaran rejects allegations against him, says he will focus on clearing his name. 18 January 2024. CNA. 18 January 2023.
  9. News: CPIB probe into Iswaran completed, case under review by AGC. 9 January 2024. 18 January 2024. CNA.
  10. News: Iswaran charged with multiple offences including corruption, resigns as Transport Minister. CNA. 18 January 2024. 18 January 2024. Lam. Lydia. Tang. Louisa.
  11. News: Iswaran charged: A look at some past corruption cases involving high-ranking government officials. 18 January 2024. CNA. 18 January 2024. Sufiyan. Samsuri.
  12. News: CNA Explains: Iswaran's charges – Section 165, 'obtain' vs 'accept' and other legal nuances. Louisa. Tang. CNA. 18 January 2024. 18 January 2023.
  13. News: Iswaran handed 27 charges for corruption, obtaining valuables as a public servant and obstructing justice. Taufiq. Zalizan. Jasmine. Ong. 18 January 2024. Today. 18 January 2024.
  14. News: Iswaran charged with corruption, obtaining 'valuable things' from Ong Beng Seng. Michelle. Zhu. 18 January 2024. The Business Times. 18 January 2024.
  15. News: askST: Iswaran is the first reported person to be charged under Section 165. What is this provision?. Shiying. Wong. The Straits Times. 20 January 2024. 23 January 2024.
  16. Web site: Tang . Louisa . 20 January 2024 . Iswaran corruption case: Who are the lawyers leading the prosecution and defence? . 2024-03-30 . CNA . en.
  17. News: Singapore minister charged with corruption over kickbacks from tycoon. Financial Times. 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.. A. Anantha. Lakshmi. 18 January 2024.
  18. News: Iswaran faces 8 new charges over obtaining $19k in items including Brompton bike, golf clubs. Samuel. Devaraj. Wong. Shiying. The Straits Times. 25 March 2024.
  19. News: Iswaran gets 8 new charges of obtaining S$19,000 in valuables such as whisky, Brompton bike from construction firm boss. 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.. 25 March 2024. CNA. Lydia. Lam.
  20. News: Singapore Ex-Minister's Faces Fresh Graft Charges Over Whisky, Golf, Brompton. 25 March 2024. Bloomberg News. Philip. Heijmans. Low. De Wei.
  21. News: Brompton T Line bike, whisky, golf clubs: What are the valuables involved in Iswaran's new charges?. Samuel. Devaraj. The Straits Times. 25 March 2024.
  22. News: Trial of former transport minister Iswaran pushed back, now to start on Sept 10. The Straits Times. 12 August 2024.
  23. News: Sui-lee. Wee. In a Rare Move, Singapore Charges a Government Minister With Corruption. 18 January 2024. 18 January 2024. The New York Times.
  24. News: The Straits Times. 18 January 2024. 18 January 2024. 'I am innocent and will now focus on clearing my name': Iswaran resigns, will return salary, allowance. Jean. Iau. Natasha Ann. Zachariah.
  25. News: Iswaran resigns; Chee Hong Tat, Grace Fu take over his portfolios. The Business Times. 18 January 2024. 18 January 2024.
  26. News: In full: Iswaran's resignation letters and PM Lee's response. 18 January 2024. CNA. 18 January 2024.
  27. News: PAP's stance on corruption is non-negotiable, part of its DNA: DPM Lawrence Wong on Iswaran's case. Jean. Iau. Natasha Ann. Zachariah. The Straits Times. 18 January 2024. 18 January 2024.