Court grants Iswaran’s application for single trial for charges related to Ong Beng Seng, David Lum

The prosecution had sought for the charges relating to Ong and Lum to be tried in separate but consecutive trials

Tessa Oh
Published Wed, May 8, 2024 · 11:00 AM
    • Former transport minister S Iswaran arriving with his team of lawyers at the Supreme Court building on May 8.
    • Former transport minister S Iswaran arriving with his team of lawyers at the Supreme Court building on May 8. PHOTO: KELVIN CHNG, ST

    SINGAPORE’S High Court has granted former transport minister S Iswaran’s application to have a single trial for all criminal charges against him, in contrast to the state prosecutor’s call for separate trials for his dealings with two businessmen.

    This was in a Wednesday (May 8) hearing, with arguments from both the defence and prosecution on how the corruption trial should proceed. Justice Vincent Hoong gave his judgement after more than four hours of proceedings.

    Iswaran faces 35 charges, including two counts of corruption. He is accused of obtaining more than S$403,000 worth of items as a public servant.

    The charges relate to his respective dealings with billionaire hotel and property tycoon Ong Beng Seng and managing director of Singapore-listed Lum Chang Holdings David Lum Kok Seng.

    Iswaran was initially slapped with 27 charges relating to his dealings with Ong in January, then handed a fresh set of eight charges relating to his dealings with Lum on Mar 25.

    Trial dates for the charges relating to Ong were already fixed before the fresh charges were handed, the court heard on Wednesday.

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    The prosecution, represented by Deputy Attorney-General Tai Wei Shyong, had sought for the charges relating to Lum to be tried first, followed by a separate but consecutive trial for the charges involving Ong.

    On Wednesday, Iswaran’s lawyer, senior counsel Davinder Singh, sought for all the charges to be taken together in one trial. He argued, among other things, that splitting the trials would prejudice the defence.

    Aiming to ‘get a preview’

    Singh said that the prosecution was, in effect, seeking to have the initial 27 charges be stood down or adjourned.

    He suggested that the prosecution’s intent in having Lum’s trial first was to get a preview of the defence’s arguments, so as to decide how to present the charges relating to Ong.

    He also questioned why his client was handed the additional charges on Mar 25, when trial dates for the original 27 charges were already fixed.

    Singh argued that the charges should be tried together, as the nature in which Iswaran accepted the gifts will apply to both sets of charges.

    In response, Deputy Attorney-General Tai argued that the charges may only be taken together if Section 133 of the Criminal Procedure Code is fulfilled.

    This states that a person accused with two or more offences may be tried at one trial if the offences form part of a series with the same or similar characteristics.

    Tai argued that there is no basis for the charges to be joined, as they relate to two separate matters: one to a contract between Lum Chang and the Land Transport Authority, and the other to the Singapore Formula 1 race.

    As for Singh’s suggestion that the prosecution seeks a preview of the defence’s arguments, Tai replied that this is not the case – if the defence puts up good arguments, then Iswaran should be rightfully acquitted.

    On why the charges relating to Lum came later, Tai said this is because investigations were ongoing when the initial 27 charges were handed to Iswaran. If changes arise, the prosecution will have to review and decide its next steps, he added.

    He stressed that the prosecution was not seeking for the 27 charges to be stood down. The possibility of additional charges was made clear at an earlier hearing, and tentative trial dates were set for the charges relating to Ong as Iswaran wanted an early trial, he added.

    ‘Strong reason’ for single trial

    Giving his judgement, Justice Vincent Hoong allowed Iswaran;s application, stating that there is “strong reason” to order for all the charges to be taken together.

    He agreed with the prosecution’s argument that time and place should be taken into consideration when determining whether charges are similar. Yet he noted that Section 133 does not explicitly require this.

    The courts should consider the “wider characteristics” of the charges when examining if they have factual and legal similarities, he added.

    Hoong further noted that the prosecution has agreed to merge all the charges relating to Ong in a single trial – even though the charges include different offences.

    Meanwhile, 24 of the charges pertaining to Ong are legally identical to the charges relating to Lum, as all of them come under Section 165 of the penal code.

    Additionally, Iswaran himself has raised concerns about the time and expenses needed to defend two separate trials, which should be taken into account. Thus, it is “convenient and practical” for all 35 charges to be joined, said the judge.

    Iswaran faces a total of 35 charges. Two are corruption charges relating to alleged bribes obtained from Ong as inducement for advancing the billionaire hotelier’s business interest in relation to agreements between race promoter Singapore GP and the Singapore Tourism Board.

    Another 24 counts under Section 165 are for obtaining, as a minister, items with a total value of more than S$200,000 from Ong, between November 2015 and December 2021. Iswaran is the first reported person to be charged under this section.

    He also faces a charge of obstructing justice relating to a repayment of S$5,700 he allegedly made to Singapore GP around May 25, 2023.

    The remaining eight charges, also under Section 165, are for obtaining, as minister, items with a total value of more than S$18,000 from Lum.

    The graft case against Iswaran came to light in July 2023, when the former transport minister was revealed to have been assisting the Corrupt Practices Investigation Bureau with an investigation after being arrested on Jul 11.

    After he was hauled to court in January, he resigned as a minister and member of the ruling People’s Action Party. He also stepped down as Member of Parliament of West Coast Group Representation Constituency, where he was first elected in 1997.

    Iswaran is out on S$800,000 bail and plans to defend himself against all the charges.

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