High Court rejects Pritam Singh's case transfer due to lack of public interest considerations and complexity

Leader of the Opposition and Workers’ Party secretary-general Mr Pritam Singh’s attempt to transfer his criminal case from the State Courts to the High Court was rejected on Monday (9 September). Mr Singh, 48, faces two charges under the Parliament (Privileges, Immunities and Powers) Act for allegedly providing false testimony before Parliament's Committee of Privileges (COP) during the inquiry into the conduct of former Workers' Party Member of Parliament Raeesah Khan. Justice Hoo Sheau Peng dismissed Mr Singh's application, finding that there were no exceptional public interest considerations to justify transferring the case. She ruled that politicians, like all other accused persons, should be treated equally under the law. "There is no justification for treating politicians differently from other accused persons," she stated, adding that such transfers should only occur "in rare and exceptional circumstances."

Background of the Case

Mr Singh has been a Member of Parliament for Aljunied Group Representation Constituency (GRC) since 2011 and has served as Leader of the Opposition since 2020. The charges stem from his testimony during the COP hearings in December 2021, in which he allegedly provided false answers relating to the conduct of Ms Raeesah Khan, who admitted in Parliament to having made untrue claims about accompanying a sexual assault victim to the police. Ms Khan had falsely alleged that a police officer mistreated the victim by making inappropriate remarks about her attire and alcohol consumption. When the truth came to light in November 2021, the COP was formed to investigate the matter, and Mr Singh was called to testify. In its final report on 10 February 2022, the Committee of Privileges—convened to investigate the lies told by former Workers' Party Member of Parliament Raeesah Khan— found Ms Khan guilty of abusing her parliamentary privilege by lying on 3 August 2021 and repeating the lie on 4 October 2021. It also concluded that Mr Singh and Mr Faisal had been "untruthful in their evidence under oath." It recommended that Mr Singh and Workers’ Party vice-chair Faisal Manap be referred to the Public Prosecutor for further investigations. On 15 February 2022, Parliament voted to refer both Mr Singh and Mr Faisal to the Public Prosecutor. At the time, Mr Singh rejected the committee’s findings, claiming that there were “gaps and omissions” in the report that indicated political partisanship. On 19 March 2024, Mr Singh was charged with two counts of wilfully giving false answers before the COP regarding his interactions with Ms Khan, specifically whether he had advised her to correct her untrue statement. Mr Faisal was issued an advisory to familiarise himself with the conduct expected of Members of Parliament under the Parliament (Privileges, Immunities and Powers) Act.

Justice Hoo’s Reasoning for the Dismissal

In her judgment, Justice Hoo addressed Mr Singh’s request to transfer his case to the High Court, where he argued that the case held significant public interest and therefore deserved to be heard at a higher level. His legal team had compared his case to that of former Transport Minister Mr S Iswaran, whose case had been transferred to the High Court. Justice Hoo explained that the key difference between the two cases was the nature of the charges and their potential public impact. Mr Iswaran faces charges under Section 165 of the Penal Code, which deals with public servants obtaining valuables without proper consideration. This provision applies to all public servants and has broad implications, as the interpretation of the law could influence how public servants, including ministers and judges, conduct their official duties in the future. Justice Hoo noted that the wider legal implications of Mr Iswaran’s case warranted a hearing in the High Court to provide necessary guidance on how public servants should avoid transgressing the law. In contrast, Mr Singh’s charges under the Parliament (Privileges, Immunities and Powers) Act involve a factual inquiry into whether he knowingly provided false testimony to the COP. Justice Hoo emphasized that Mr Singh’s case did not present complex legal questions or have broader public interest implications beyond the specific facts of the case. "The charges against the applicant merely raise factual issues," she said. "There are no issues of law of unusual difficulty, no wider implications for the public generally, and no strong public interest considerations that warrant a transfer."

Public Interest and Mr Singh's Political Status

Mr Singh’s legal team also argued that the public interest in his case, due to its relation to parliamentary processes and his role as a political figure, warranted the transfer. They pointed to the significant media coverage of the COP hearings and asserted that the case had implications for parliamentary accountability and the integrity of the legislative process. Justice Hoo, however, was not persuaded by these arguments. She noted that while there may be public interest in cases involving high-profile figures, this does not automatically justify a transfer to the High Court. She reiterated that all accused persons should be treated equally, regardless of their political standing, and emphasized that Parliament had entrusted the State Courts with jurisdiction over offences under the Parliament (Privileges, Immunities and Powers) Act. Furthermore, Justice Hoo pointed out that while the case might attract media attention, this does not equate to strong public interest concerns that would merit a transfer. She stressed that the State Courts routinely handle cases involving significant public interest and prominent figures, and there was no reason why Mr Singh’s case should be treated differently.

Mr Singh’s Comparison to Mr Iswaran’s Case

A central part of Mr Singh’s application was the comparison to Mr Iswaran’s case. Mr Singh’s lawyers argued that if Mr Iswaran’s case could be transferred to the High Court due to public interest, then his own case, which involves issues related to parliamentary integrity, should be treated similarly. Justice Hoo rejected this comparison, explaining that the legal principles governing the two cases were fundamentally different. Mr Iswaran’s case involves the interpretation of Section 165 of the Penal Code, which has wider implications for public servants across Singapore. The court’s interpretation in Mr Iswaran’s case could provide guidance on how public servants should conduct their affairs to avoid breaching the law. In contrast, Mr Singh’s case involves the narrower issue of whether he provided false testimony to the COP. Justice Hoo stressed that this was primarily a factual inquiry and did not raise broader legal questions or have a significant impact on public servants beyond Parliament. "There are no issues of law of unusual difficulty," she said, "and no wider implications for the public generally." Justice Hoo concluded that Mr Singh’s case did not meet the high threshold required for a transfer to the High Court. She emphasized the importance of maintaining public confidence in the judicial system by treating all accused persons equally, regardless of their status or political standing. "Any departure from the usual criminal process carries the risk of undermining public trust and confidence in the administration of justice," she said. With the application dismissed, Mr Singh’s trial will proceed in the State Courts as scheduled on 14 October 2024. If convicted, Mr Singh could face up to three years in prison, a fine of up to S$7,000, or both for each charge. His trial is set to proceed in the State Courts, starting 14 October 2024.