In the ongoing legal proceedings against former Transport Minister S Iswaran, who faces various charges including corruption and obstructing justice, his legal team has pushed for the release of all witness statements the prosecution plans to present. The trial list exceeds 50 names, and significantly includes property magnate Ong Beng Seng from whom Iswaran is alleged to have received improper benefits, as reported by CNA.
Despite a setback in a June session, Iswaran’s defense, helmed by Senior Counsel Davinder Singh, continued to challenge the disclosure of witness accounts in a recent hearing. The request for statements was met with strong resistance by the prosecution team, led by Deputy Attorney-General Tai Wei Shyong.
Currently, Iswaran is confronting 35 charges – 32 relating to the receipt of gifts during his public service tenure, a couple pertaining to corruption, and one associated with the obstruction of justice. These charges are tied to his interactions with Ong Beng Seng and Lum Kok Seng, the managing director of the public company Lum Chang Holdings.
Defending Counsel Alleges Selective Treatment
In a hearing on July 5, Singh intensely lobbied for a court order demanding the prosecution to surrender their full cache of witness statements, alleging that his client, much like any accused, has the right to access evidence the prosecution holds. He posited that denying this information would hinder his client’s ability to construct a proper defense and suggested it would lead to the unequal treatment of Iswaran.
Iswaran’s earlier application to consolidate the charges against him into one joint trial had been approved on May 8, 2024. Singh noted that when the trial for Lum was primed to proceed, the prosecution conceded to conditional statement sharing. However, after the favor of a joint trial was granted, the prosecution shifted stance, alleged Singh, indicating that they would no longer provide conditioned statements—a move that Singh interpreted as an affront.
Singh emphasized the gravity of the situation, highlighting the potential for a protracted trial lasting numerous months into the upcoming year, should the prosecution call to the stand all 55 witnesses without sharing evidence in advance.
Prosecution Rebuts Defense’s Accusations
In response to the defense’s assertions, the prosecution dismissed any insinuation of a strategy to ‘trial by ambush.’ Tai dismissed this claim, asserting that compliances for disclosure had already been met by the prosecution. He underlined the importance of courtroom testimony, especially in corruption cases where the involved parties may be reluctant witnesses, over pre-existing statements.
The prosecution emphasized that they had furnished the defense with the full spectrum of charges, a witness and evidence list, as well as an extensive amount of evidence amounting to 1,156 pages, which included emails and text correspondences. Additionally, they acceded to a request from the defense for certain electronic evidence, like WhatsApp conversations between Iswaran, Ong, and Lum. Furthermore, 37 statements from seven witnesses, such as Ong, Lum, and Iswaran’s spouse, Taylor Kay Mary, had been provided.
The final judicial verdict on this matter of witness statements will be delivered at a future date.
