AGC reviewing training for prosecutors

Singapore

TRAINING and guidance for prosecutors are being reviewed to strengthen the administration of justice, Attorney-General Lucien Wong said, noting that "imperfections" in the past year have exposed his chambers to "intense scrutiny and criticism".

Internal guidance has been drawn up and division-wide briefings held to help prosecutors fulfil their obligations to disclose documents to the defence, said Mr Wong, who was speaking at the opening of Legal Year 2021 on Monday.

"A key tenet of prosecutorial training is that all prosecutions should be guided by the public interest. Our culture must be one where prosecutors take pride in doing right, not just by victims of crime, but also by accused persons and by society," he said.

His speech made reference to the case of foreign domestic worker Parti Liyani, who in October was acquitted of stealing more than S$34,000 worth of items from the household of Liew Mun Leong, the former chairman of Singapore's Changi Airport.

The high-profile case sparked public outcry, with questions raised about the evidence-gathering process and the way in which the trial was conducted.

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Ms Parti has launched disciplinary proceedings against two prosecutors who handled her case at the district court trial. She is also seeking compensation from the Attorney-General's Chambers (AGC), under a provision that allows acquitted persons compensation if it can be proven that prosecution was frivolous or vexatious.

Drawing from this case, the prosecution is working with the police on internal guidelines for proper recording of investigative statements and obtaining valuations for items which are the subject of property offences, Mr Wong noted.

He stressed that acquittals indicate a healthy legal system, and should not be regarded as a sign that prosecutors have failed in their duty as ministers of justice.

"(Acquittals) demonstrate that judges probe the prosecution's case and apply their minds fairly and independently. More importantly, acquittals also show that AGC does not only pursue cases which are easy wins, but also cases where we truly believe that an offence has been committed and must be addressed," Mr Wong said.

During the ceremony on Monday, which was held virtually for the first time, Chief Justice Sundaresh Menon also spoke at length on securing fairness in the criminal justice system, making reference as well to Ms Parti's case.

While noting that judges and judicial officers are selected based on a stringent set of criteria, Mr Menon said it would be "naive, even foolhardy" to consider judges infallible.

In Ms Parti's case, High Court judge Chan Seng Onn was confronted with a responsibility to set things right, where things might have "gone amiss at first instance", he noted.

Mr Menon cautioned against premature criticisms of the judiciary and imputations of bad faith while processes are ongoing.

"It is imperative that one not rush to judgment and condemn errors in the judicial process as suggestive of bad faith or impropriety. Where there is reason to think that there might have been misconduct, steps will be taken in accordance with the applicable processes, and these must be allowed to take their course," he said.

"Premature criticism and imputations of bad faith are not only unhelpful but can be antithetical to due process. They unfairly undermine public trust and confidence in the very institutions that are fundamental to the Rule of Law."

Mr Menon also highlighted the development of training programmes for the judiciary in recent years, including increasing opportunities for High Court judges to mentor judicial officers in the State and Family Justice Courts.

Reflecting on the post-pandemic legal landscape, Mr Menon said the courts are looking at various ways to streamline and simplify processes, such as through the use of technology and encouraging the adoption of alternative dispute resolution processes. "This may require us to start thinking beyond a purely adversarial 'winner-takes-all' approach in relation to legal services in certain areas," he added.

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