Why was Iswaran handed a one-year jail sentence? Key points from judgment

Former transport minister S. Iswaran was handed a one-year jail sentence on Oct 3. This exceeded the requests of both the prosecution and the defence, which Justice Vincent Hoong described as “manifestly inadequate”.

The sentence was nearly double that of the six to seven months’ jail that Deputy Attorney-General Tai Wei Shyong had asked for, while Iswaran’s lawyer, Senior Counsel Davinder Singh, had argued for no more than eight weeks.

Iswaran, 62, had on Sept 24 admitted to one charge of obstruction of justice and four charges under Section 165 of the Penal Code, including obtaining valuable items from businessman Ong Beng Seng while in his official capacity.

Here are the key points of Justice Hoong’s judgment.

General deterrence a key consideration

Rejecting the defence’s argument, Justice Hoong said that general deterrence, aimed at setting an example for others who commit offences, should be the primary consideration in his sentencing decision.

“I agree with the prosecution that the higher the office held by the offender as a public servant, the higher his level of culpability,” Justice Hoong said in his judgment.

As a minister and chairman of the Formula One (F1) steering committee, Iswaran was tasked to oversee high-level decisions and collaboration between government agencies and the Singapore GP as a national project.

Mr Ong, meanwhile, owned more than 90 per cent of the shares in Singapore GP and had a longstanding relationship with the Government and the Singapore GP, according to court documents.

The judge said that Iswaran’s roles wielded influence in matters of great public interest, even if there was no evidence the gifts had influenced decisions over F1 or its contracts.

“Such persons set the tone of public servants in conducting themselves in accordance with high standards of integrity, and must be expected to avoid any perception that they are susceptible to influence to pecuniary benefits,” said Justice Hoong.  

Trust in public institutions damaged

Justice Hoong said that harm was caused to the trust in public office.

He said the mere perception that the receiver is under the influence of the giver, who is cultivating goodwill, is already harmful to trust in public institutions.

Justice Hoong said that he considered whether Iswaran was aware of the giver’s motive, which can be interpreted as motivated by a desire to cultivate goodwill or loyalty.

He added: “The decision to obtain a valuable item in such circumstances, where the offender knows of a close connection between the giver’s interest and his official functions, is a marker of a more culpable state of mind.”

Iswaran’s public service and contributions to Singapore are, at best, a neutral factor in the sentencing decision, given the need for deterrence, said Justice Hoong.

Regarding Iswaran voluntarily returning the benefits he had received, the judge said: “The harm done to the public interest, in the form of damage to trust and confidence in public institutions, is unlikely to be adequately remedied by these actions.”

Justice Hoong said Iswaran had acted reasonably in paying back the costs linked to the Doha trip and F1 Green Room tickets after he knew the corruption charges would be amended, but added that he should have disgorged the other costs earlier.

The judge said: “Although some credit can be given for the accused’s voluntary disgorgement of his benefits, the mitigating value is low, given that this was not done at an earlier stage of the proceedings.”

Iswaran acted with deliberation

“While the accused did not actively seek out the gifts, he cannot be described as a mere passive acceptor,” said Justice Hoong, who listed the ways Iswaran had acted with deliberation in obtaining gifts.

In 2017, Iswaran had asked for 10 F1 Green Room tickets – each worth more than $4,200 – which grant access to a premium hospitality suite for guests to enjoy the F1 race. The court heard that Iswaran had been offered the complimentary tickets on the urging of Mr Ong. 

As a mitigating factor, the defence argued that Iswaran did not sell the tickets, which were issued by Mr Ong, and instead distributed them to family and friends.

But the argument ignores the fact that the tickets would have otherwise been distributed for free by Singapore GP as the promoters of the event, Justice Hoong said.

“The fact that (Iswaran) obtained special access to the Green Room tickets by virtue of his connection with OBS (Mr Ong), who was concerned in business transacted by the accused in his official capacity, was of itself injurious to the integrity of (Iswaran’s) office,” he said.

In another sign of deliberation, Iswaran had taken urgent personal leave for the trip to Doha with Mr Ong, allowing him to enjoy an all-expenses paid trip with only four days’ prior notice, Justice Hoong said.

According to court documents, Iswaran’s hotel stay and travel expenses – valued at $20,848.03 in total – were covered, including a flight on Mr Ong’s private jet from Singapore to Doha, a return business class flight to Singapore and a Doha hotel stay.

When Iswaran became aware that the Corrupt Practices Investigation Bureau (CPIB) was investigating Mr Ong’s associates, it was Iswaran who requested that Mr Ong send him the bill for his expenses linked to the Doha trip, Justice Hoong said.

By paying for the expenses, Iswaran was attempting to avoid investigations into the gifts, he said.

“The accused’s actions stemmed from his personal perceived interest of avoiding the CPIB’s investigations into gifts received by him,” said Justice Hoong, adding that doing so marked “a grave culpability-increasing factor”.

The defence argued that Iswaran was offered the gifts in the context of friendship, but the judge disagreed and said that the former transport minister had abused his position by obtaining gifts despite knowing Mr Ong’s close connection to his duties.

Not remorseful

The rest of the 30 charges taken into consideration reveal the scale and repetition of Iswaran’s offending over a significant period of time, increasing his culpability, Justice Hoong said. 

Iswaran expressed remorse only at a late stage of the proceedings, he added.

The former transport minister had earlier pleaded guilty to five offences on the first day of what was supposed to be his criminal trial on Sept 24, after saying for months he would be contesting the case to clear his name.

Justice Hoong said in his sentencing: “The accused had simultaneously made public statements rejecting the allegations in the charges as false and asserting his innocence.”

Citing Iswaran’s letter to then Prime Minister Lee Hsien Loong, the judge said: “(Iswaran) stated that he rejected the charges and was innocent, and expressed his strong belief that he would be acquitted.”

He added: “Thus, I have considerable difficulty accepting that these acts were indicative of the accused’s remorse and desire to make reparations.”

Justice Hoong said: “I am unable to accept that the ‘colour’ and ‘complexion’ of the charges under Section 165 of the Penal Code were affected by the initial framing of (the charges) under the Prevention of Corruption Act.”

He was referring to the prosecution’s decision on Sept 24 to amend Iswaran’s corruption charges to those under Section 165, which forbids all public servants from obtaining anything of value from someone involved with them in an official capacity.

“In my view,” said Justice Hoong, “the accused, having made tactical choices which he did at the initial stages of the proceedings, must stand by the consequences of those choices.”

Breakdown of sentencing

• For obtaining 10 F1 Green Room tickets: Six months’ jail.
• For expenses related to the Doha trip: Three months and three weeks’ jail.
• For obstructing justice by paying $5,700 to Singapore GP to cover the cost of his business-class flight ticket: Four months’ jail.
• For obtaining 14 bottles of whiskey and wine: Two months’ jail.
• For obtaining a Brompton T Line bicycle: Three months’ jail.

The sentences for accepting the Green Room tickets, the drinks and obstructing justice will run consecutively, amounting to 12 months, while the other sentences will run concurrently, said the judge.

Iswaran is due to surrender himself on Oct 7 at the State Courts.

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

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