Singapore
Attorney-General’s Chambers cites evidentiary risks in reducing Iswaran’s corruption charges
The Attorney-General’s Chambers (AGC) explained that challenges in proving corruption charges against S Iswaran led to reducing the charges. Proving corruption would have required both Iswaran and Ong Beng Seng to implicate themselves, creating a substantial litigation risk. Gifts from another businessman, Lum Kok Seng, were also part of the case.
The Attorney-General’s Chambers (AGC) provided an explanation for amending the charges against former Transport Minister S Iswaran on 24 September 2024.
The AGC cited substantial evidentiary risks in proving the original corruption charges, which involved prominent property tycoon Ong Beng Seng and another businessman, Lum Kok Seng.
These challenges made it necessary to reduce the charges from corruption to lesser offenses under Section 165 of the Penal Code, according to AGC.
The AGC noted that proving the original corruption charges under the Prevention of Corruption Act (PCA) would have been difficult due to the involvement of both Iswaran and Ong as primary parties. Both would have had to implicate themselves to establish corrupt intent.
The AGC explained that “there are two primary parties to the transactions, and both would have an interest in denying corruption in the transactions.” This made securing a conviction for corruption highly uncertain.
In light of these risks, the AGC amended the charges to offenses under Section 165 of the Penal Code, which carries a lower evidentiary threshold and a reduced maximum sentence of two years’ imprisonment.
Section 165 prohibits public officials from accepting valuable items from individuals connected to their official duties. According to AGC, the amendment was made to ensure a fair and just outcome while considering public interest.
In addition to Ong, the AGC revealed that Iswaran also received gifts from Lum Kok Seng, another businessman involved in official dealings with Iswaran.
The total value of the gifts Iswaran received from both men amounted to S$403,297.92. These included items such as Formula 1 tickets, luxury travel arrangements, and expensive wine and whisky.
Iswaran’s charges now include:
- Receiving valuable tickets to the 2017 and 2022 Singapore Formula 1 Grand Prix from Ong, worth S$42,265 and S$48,150, respectively.
- Accepting luxury flights and hotel stays from Ong in December 2022, totaling S$20,847.63.
- Receiving 14 bottles of wine and whisky, valued at S$3,255.75, and a Brompton T-Line bicycle, worth S$7,907.50, from Lum.
Iswaran was also convicted of one charge under Section 204A(a) of the Penal Code for obstruction of justice.
This charge stemmed from a payment he made on 25 May 2023, of S$5,700 to Singapore GP Pte Ltd for the cost of a business class flight from Doha to Singapore. Iswaran made the payment after the fact, knowing it could lessen the likelihood of further investigation by the Corrupt Practices Investigation Bureau (CPIB) into the Doha trip.
In the course of the investigation, CPIB seized various items from Iswaran, including wine, whisky, golf clubs, and a bicycle. These items, worth S$17,291.97, were forfeited to the State.
Additionally, Iswaran disgorged S$380,305.95 to the State, representing the value of consumed gifts, such as tickets to overseas events and alcohol.
Iswaran pleaded guilty to four charges under Section 165 of the Penal Code and one charge of obstruction of justice. Another 30 charges were taken into consideration for sentencing.
His lead defence lawyer, Davinder Singh, emphasized that Iswaran initially contested the corruption charges but accepted responsibility under the amended charges once they were reduced.
Iswaran’s sentencing has been scheduled for 3 October 2024.
If convicted under Section 165, he faces a maximum of two years’ imprisonment or a fine, while the obstruction of justice charge carries a maximum sentence of seven years.
The AGC also indicated that a decision regarding Ong Beng Seng’s potential prosecution will be made soon.
