Former transport minister Iswaran sentenced to 12 months' jail

Former transport minister S Iswaran was sentenced to 12 months' jail on Thursday (Oct 3) morning. 

He looked grim while seated in the docks as Justice Vincent Hoong read out his sentence.

Iswaran asked to surrender himself to State Court 4A on Oct 7, at 4pm, a request which was granted by the judge. 

However, the commencement of his sentence is subject to any applications to be made, according to his lead lawyer Senior Counsel Davinder Singh.

Iswaran is now out on $800,000 bail.

The judge, in his sentencing remarks earlier, said that there were two key issues to be examined.

One is what the appropriate sentencing approach should be when a public servant receives a valuable item from a person involved in business transactions.

The second pertains to the appropriate reduction in sentence, applying guidelines for guilty pleas when an individual pleads guilty to multiple charges before the start of trial.

The higher the office, the greater the level of culpability: Judge

On the factors of culpability, Justice Hoong said that the higher the position held by a public servant, the greater their level of culpability.

This is due to the significant influence these individuals have and the larger impact they can have on the public interest.

"Such persons set the tone of public servants in conducting themselves with high standards of integrity, and must avoid any perception that they are susceptible to influence to pecuniary benefits," the judge added.

Public gallery packed

Iswaran arrived at the High Court at about 9.20am on Thursday (Oct 3). 

He smiled at the media and said "be careful guys" as he walked into court. 

The 62-year-old was accompanied by his legal counsel Davinder Singh.

Justice Hoong arrived in court at about 10am for the sentencing. 

The public gallery was packed with around 50 people, including a 13-year-old schoolboy carrying a backpack.

Earlier in the morning, at least 10 people were already seen waiting in line outside the Supreme Court by 6.30am, reported The Straits Times. 

The court started handing out the tickets at about 7am.

Some of Iswaran's family members, including his wife Kay Mary Taylor, were also seen queuing for tickets to the public gallery from around 6.10am.

And as of 8.30am, all 45 tickets reserved for members of the public who want to attend the sentencing were snapped up, observed AsiaOne. 

First minister to be sentenced in court

The 62-year-old pleaded guilty to a total of five charges last Tuesday (Sept 24) — four for obtaining gifts as a public servant under Section 165, and one charge for the obstruction of justice. 

He was accused of receiving items worth more than $400,000 from Ong Beng Seng, billionaire hotelier and chairman of Formula One (F1) race promoter Singapore GP, as well as David Lum, managing director of mainboard-listed construction company Lum Chang Holdings.

The items included tickets to F1 races, football matches and musical shows allegedly obtained from Ong, and bottles of whisky, golf clubs and a Brompton bicycle allegedly obtained from Lum.

Iswaran initially faced two corruption charges, but the prosecution replaced them with two lesser charges under Section 165 at the start of the trial last Tuesday. 

He subsequently pleaded guilty to the amended charges.

Iswaran is the first Cabinet minister to be sentenced in court since Singapore's independence and the first reported person to be convicted of offences under Section 165.

30 other charges against him will be taken into consideration during sentencing. 

Under Section 165 of the penal code, it is an offence for a public servant to accept or obtain anything of value, for free or for inadequate payment from any person whom he is involved in an official capacity. 

Those convicted under Section 165 can be fined or jailed up to two years, or both. 

Those found guilty of the obstruction of justice may face a jail term of up to seven years, a fine, or both.

Prosecution seeks 6 to 7 months' jail

In court last Tuesday, the prosecution asked for a total of six to seven months' jail time for Iswaran's five charges. 

Deputy Attorney-General Tai Wei Shyong said that Iswaran was "more than a passive acceptor" of the gifts in question, and highlighted the former minister's business relationships with Ong and Lum. 

A key factor also includes Iswaran's position as a minister at the time. 

“The more senior the position of the public servant in question, the more serious the offence,” he said.

No more than 8 weeks' jail: Defence

Singh argued then for his client to be sentenced to no more than eight weeks' imprisonment. 

He told Justice Vincent Hoong that the items were given to Iswaran in the context of his friendships with Ong and Lum.

Iswaran was also reportedly unaware of the law under Section 165 at the time. 

It is also "not logical" that his acts have had significant impact on the reputation of the government by virtue of the fact that he was a minister.

Furthermore, Iswaran accepted the offer of disgorgement immediately after the prosecution informed the defence that it would amend the corruption charges, Singh said.

The former minister also voluntarily returned the salary he had received as a minister as well as his MP allowance. 

READ ALSO: 'Never about the money': Iswaran's defence fires back at prosecution on $380k disgorgement delay

claudiatan@asiaone.com