Pritam Singh trial 1st phase ends, Defence to file submissions seeking dismissal of 1st charge

SINGAPORE: The prosecution closed its case against Workers' Party (WP) chief, Pritam Singh, on the ninth day of the trial without calling its final witness, an investigation officer, to the stand.

In a brief hearing on Thursday (24 October) morning, both the prosecution and defence settled administrative matters, including timelines for the submission of written arguments.

This marks the end of the first phase of the trial.

Singh, 48, is contesting two charges under the Parliament (Privileges, Immunities and Powers) Act. The charges relate to testimony he gave to the Committee of Privileges (COP) on 10 and 15 December 2021 concerning a falsehood told by former WP Member of Parliament Raeesah Khan.

Ms Khan had lied in parliament by claiming she had accompanied a rape victim to a police station. Singh’s charges arise from his testimony to the COP, which was convened to investigate Ms Khan's conduct.

Singh is accused of lying about what he instructed Ms Khan to do—whether to tell the truth or maintain the lie.

Allegations Against Singh

While being questioned in a public hearing at Parliament House, Singh is alleged to have falsely testified that:

• At the conclusion of a meeting with Ms Khan and WP members Sylvia Lim and Muhamad Faisal Abdul Manap on 8 August 2021, he wanted Ms Khan to clarify in parliament that her story about accompanying a rape victim was untrue.


• During a conversation with Ms Khan on 3 October 2021, he allegedly conveyed that if the matter arose in parliament, she had to clarify that her story was a lie.

The charge sheets, spanning 17 and 20 pages respectively, include excerpts of the transcript from Singh’s exchange with Edwin Tong, Minister for Culture, Community and Youth, who questioned him before the COP.

Both Singh and Tong are lawyers by profession.

Defence Strategy

Singh’s defence team, led by lawyers Andre Jumabhoy and Aristotle Emmanuel Eng, intends to argue that there is no case to answer on the first charge.

This charge relates to the 8 August 2021 meeting in which Ms Khan admitted to lying.

If the defence’s argument succeeds and the judge agrees, the first charge could be dismissed, and the case would proceed solely on the second charge.

Alternatively, the court may modify the charges or frame new ones before requiring Singh to present his defence.

The judge, Deputy Principal District Judge Luke Tan, must determine if there is evidence that is "not inherently incredible" and satisfies each element of the prosecution’s case.

If he finds sufficient evidence, Singh will be called to testify. Should the judge find insufficient evidence, the case could be dismissed, resulting in an acquittal.

Submission Timelines

Judge Tan has instructed the defence to file their written submissions regarding the "no case to answer" argument by noon on 30 October. The prosecution is expected to submit its replies by 2 November.

The judge also asked both sides to address the specifics of the charges, noting that certain words in the allegations against Singh were not directly present in the excerpts from Singh's COP testimony.

The court will reconvene on 5 November for the second phase of the trial. Judge Tan is expected to deliver his decision on whether the prosecution has presented enough of a case for the defence to answer.

If called to testify, Singh could choose to do so, though if he declines, an adverse inference may be drawn. Singh has yet to confirm whether he will testify, and his legal team has not disclosed their defence witnesses.

Agreement on Investigation Officer

Before finalising the timeline for submissions, Deputy Attorney-General Ang Cheng Hock informed the court that both sides had agreed on a set of facts regarding the investigation officer, Roy Lim, who was to be the prosecution's final witness.

As a result, Lim did not need to take the stand.

The agreed facts reveal that Singh’s phone was seized by the police during the investigation. Singh informed investigators that the phone contained information relevant to the inquiry, including legally privileged communications with his lawyers.

Although he consented to the police reviewing the contents of the phone in his presence, no forensic extraction was performed.

Singh faces up to three years' imprisonment, a fine of up to S$7,000, or both for each charge. The Attorney-General’s Chambers has previously indicated that if convicted, the prosecution will seek fines for each charge.

Under the Constitution, any Member of Parliament fined at least S$10,000 or imprisoned for at least one year is disqualified from standing for election.

A sitting MP who faces such penalties would lose their seat, with the disqualification lasting for five years.

Next Steps

The court will resume on 5 November for the next tranche of the trial, which is expected to last seven days.

The judge’s decision on whether to proceed with the defence’s case will be a key turning point in the proceedings.