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How did Iswaran go from claiming trial to pleading guilty?

The Straits Times

|

September 25, 2024

Former transport minister S. Iswaran on Sept 24 pleaded guilty to five charges - four under Section 165 of the Penal Code for obtaining, as a civil servant, valuable items and one for obstructing the course of justice.

Iswaran, who faced a total of 35 charges, had released a statement after he was handed 27 charges on Jan 18, saying he was innocent and that he would focus on clearing his name.

What followed were months of court hearings and likely several behind-closed-doors meetings, which led to, among other things, two corruption charges being amended to Section 165 charges.

The Straits Times asked legal experts what typically happens behind the scenes leading up to an accused person's day in court.

IS IT COMMON FOR AN ACCUSED PERSON TO PLEAD GUILTY IN A CASE WHERE A TRIAL IS INDICATED AT THE OUTSET?

It is not uncommon for an accused person to plead guilty, even after initially indicating they would like to claim trial, said Mr Alexander Woon, provost's chair at Singapore University of Social Sciences' School of Law.

Mr Woon, who currently practises at RHTLaw Asia, said of the six cases he handled during his time as a deputy public prosecutor, five that were meant to go to trial ended in a plea of guilt.

He said: "Early on in the process, many accused persons will think they are not guilty and feel they can contest the charge.

"But as time goes on, as the defence talks to the prosecution, and there's disclosure of evidence, it may become increasingly obvious that, actually, there's nothing to contest. And it goes from a contested charge to a plea of guilt."

WHAT GOES ON BETWEEN THE DEFENCE AND THE PROSECUTION AT THE PRE-TRIAL STAGE?

SMU associate professor of law Eugene Tan explained that exchanges between defence lawyers and the prosecution at the pre-trial stage often occur through representations. This could result in fewer or less severe charges in exchange for a guilty plea.

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