High Court to sentence former transport minister Iswaran on Oct 3

The High Court on Oct 3 is slated to sentence former Cabinet minister S. Iswaran and set a precedent for a provision that has not been used since Singapore’s independence.

The former transport minister had surprised observers when he pleaded guilty on Sept 24 to four charges under Section 165 of the Penal Code, which makes it an offence for public servants to accept or obtain valuable items from people they have dealings with in their official capacity.

Iswaran, 62, pleaded guilty to obtaining valuable items worth more than $400,000 in total from Formula One race promoter Singapore GP’s chairman Ong Beng Seng and Mr David Lum Kok Seng, managing director of mainboard-listed construction company Lum Chang Holdings.

He has paid back more than $380,000 to the state and will forfeit the items he received.

Iswaran also admitted to one count of obstructing the course of justice. He had repaid more than $5,000 to Singapore GP for the cost of his business-class flight from Doha to Singapore that he took on Dec 11, 2022, at Mr Ong’s expense through the company.

He had originally faced 35 charges, including two counts of corruption, which were amended by the prosecution to charges under Section 165 on Sept 24.

An Attorney-General’s Chambers (AGC) spokesperson said that in deciding whether to amend the charges, the AGC considered the litigation risks involved in proving the corruption charges beyond a reasonable doubt at trial.

The remaining 30 charges will be taken into consideration for sentencing.

Iswaran is the first reported person to be convicted of offences under Section 165 and the first Cabinet minister to be sentenced in court since Singapore’s independence.

Sparring over jail time

The prosecution asked for a total of six to seven months’ jail while the defence argued for not more than eight weeks’ jail, if any.

In his submissions, Deputy Attorney-General Tai Wei Shyong said Iswaran’s 12-year tenure as minister amplified the fallout from his acts.

“The more senior the public servant, the more serious the offence,” he said, adding that Iswaran’s abuse of office had undermined public confidence in the integrity of the Government, a virtue it is known for.

Senior Counsel Davinder Singh, acting for Iswaran, said there was nothing to suggest his client’s loyalty and duties to the Government had been compromised.

He said Iswaran’s friendship with Mr Ong did not result in contracts being structured to the disadvantage of the Government. The prosecution had accepted this point, he added.

In response, Mr Tai rejected any suggestion that Iswaran had caused no harm.

The harm was to the Government’s reputation, he said, adding that it was important for the court to set the “correct marker” on the punishment to be meted out.

Before adjourning the court on Sept 24, Justice Vincent Hoong referred to the dearth of reported decisions on Section 165 and directed lawyers for both sides to furnish written submissions on a Malaysian case involving former Selangor chief minister Mohamad Khir Toyo.

In the 2015 case, Mohamad Khir had bought about 4,500 sq m of land for millions of ringgit below market value from a seller he had business dealings with. The seller testified in court that he had been forced into the sale for fear of jeopardising his business.

Mohamad Khir was convicted of corruption charges, including those under Section 165 of the country’s Penal Code, and sentenced to a year’s jail. His appeal was denied and the sentence upheld.

For each charge of accepting gifts under Section 165, Iswaran can be fined, jailed for up to two years, or both. For obstructing the course of justice, he faces jail time of up to seven years, a fine, or both.

Source: Straits Times © SPH Media Limited. Permission required for reproduction.

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