PUBLISHED ONOctober 03, 2024 8:55 AMBySean LerIn the end, neither the prosecution nor the defence got what they argued for regarding the sentence for the five charges former Transport Minister S Iswaran was convicted for on Sept 24.
The defence, led by Senior Counsel Davinder Singh, asked for no more than eight weeks' jail, while the prosecution, led by Deputy Attorney-General Tai Wei Shyong, pushed for six to seven months then.
In court today, Justice Vincent Hoong considered the prosecution's request to be "manifestly inadequate" and, therefore, "appropriate to impose a sentence in excess of both parties' positions".
Section 165 of the Penal Code punishes obtaining gifts in public office when there are official business dealings between the parties involved.
Given that the object of Section 165 is to safeguard the integrity of public institutions and public interest, Justice Hoong disagreed with the defence's sentencing argument that general deterrence should have a limited effect on sentencing just because there has been no reported decision on such an offence in Singapore.
He said that "the lack of prevalence of such an offence may well be regarded as a sign of the health of government's processes and protocols, but it cannot detract from the necessity for the courts to signal their disapprobation of serious offences that threaten the public interest".
In his judgement summary, Justice Hoong also said that "trust and confidence in public institutions are the bedrock of effective governance, which can be easily undermined by a public servant who falls below the standards of integrity and accountability."
He added that the essence of the offence is the damage to people's trust in public institutions.
"Persons who hold public office are conferred status and power by virtue of such office, and obtaining gifts from persons who have a connection to public duties is an abuse of power," said Justice Hoong.
He cautioned that holders of high office will have a larger resultant impact on the public interest.
This means that even a perception that an officeholder is under the influencer of the giver, who is cultivating goodwill, is already harmful to the trust in public institutions.
Justice Hoong said that public servants must conduct themselves with high standards of integrity and must be expected to avoid any perception that they are susceptible to influence from pecuniary benefits.
Iswaran was the Trade and Industry Minister from 2015 to 2018 and Transport Minister from 2021 to 2024. He also served on the government's F1 steering committee from 2007 to 2023.
Over seven years, between 2015 and 2022, he obtained benefits and gifts from both hotelier and Singapore GP majority shareholder Ong Beng Seng.
Justice Hoong listed how Iswaran had acted with deliberation.
He cited how Iswaran had taken urgent personal leave for an all-expenses paid trip to Doha with Ong Beng Seng in December 2022. Iswaran later asked Ong to bill him (for the business-class return ticket) in May 2023 when the CPIB commenced investigations. The latter act also constituted an obstruction of justice.
Iswaran's actions, despite knowing Ong's close connection to his duties, also increased his culpability.
"The commission of the offence by the accused, a Minister¸ with the knowledge that investigations into him would thereby be less likely to be conducted, is a grave culpability-increasing factor," said the judge.
Between January and June 2022, Iswaran obtained 14 bottles of whiskey and wine and a Brompton T-Line bicycle from Lum Chang Construction's managing director, Lum Kok Seng.
At that time, Iswaran was the Transport Minister and responsible for the Land Transport Authority, which was involved in the MRT construction projects Lum Chang was awarded.
While there was no evidence that Iswaran had exercised his influence on the contract award, Justice Hoong said that Iswaran's culpability could not be low given his "experience and standing as a minister."
Justice Hoong also deemed that Iswaran was not remorseful of his actions.
In his sentencing, Justice Hoong cited Iswaran's letter to then-Prime Minister Lee Hsien Loong, stating that he was innocent and would be acquitted.
The judge also noted that Iswaran had consistently maintained he would be claiming trial for all charges and made public statements on his innocence.
Justice Hoong considered the mitigating value of Iswaran's disgorgement to be low as it was not made at an earlier stage.
"The accused, having made tactical choices (which he did) at the initial stages of the proceedings, must stand by the consequences of these choices".
Iswaran will need to surrender himself at 4pm on Monday (Oct 7) at State Courts 4A.
When leaving the High Court, Iswaran did not respond to the media when asked if he would appeal against the sentence.
If he chooses to appeal against the sentence, Iswaran must file a Notice of Appeal.
Such an appeal will need to demonstrate an error of law or an error of fact. It will also need to show that the punishment is unduly harsh in the circumstances of the case.
The judge may then reduce or enhance (increase) the sentence.
Iswaran remains on $800,000 bail.
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