October 3, 2024
SINGAPORE – Former transport minister S. Iswaran was sentenced to 12 months’ jail on Oct 3.
The sentence handed down was more than the six to seven months’ jail the prosecution had sought.
Addressing the court, Justice Vincent Hoong said he was unable to agree with the positions of both the prosecution and the defence. The defence had sought not more than eight weeks’ jail.
The judge said he was of the view that it was appropriate to impose a heavier sentence than what both parties had asked for, adding that what the prosecution and the defence submitted were manifestly inadequate.
The sentence was meted out in front of over 40 members of the public in the gallery and Iswaran’s family, who sighed as the sentence was read out.
In his sentencing remarks, Justice Hoong emphasised that trust and confidence in public institutions are the bedrock of effective governance.
He said: “This can all too easily be undermined by a public servant who falls below standards of integrity and accountability.”
The judge said it was significant that Iswaran had made public statements rejecting the charges as false.
“In a letter to the Prime Minister, Iswaran said he rejected the charges and was innocent, and believed he would be acquitted. Thus, I have difficulty believing that he was remorseful,” he said.
As Justice Hoong addressed the court, Iswaran looked down and took notes.
The judge added: “The higher the office held by the offender as a public servant, the higher his level of culpability.”
He said such individuals set the tone of public servants in conducting themselves in high standards of integrity, and they must avoid any perception that they are susceptible to influence to financial benefits.
Addressing the charges involving Mr Ong Beng Seng, Justice Hoong said Iswaran abused his position by obtaining gifts from Mr Ong despite knowing that the Singapore GP chairman had close connection to his official duties.
The judge noted that Iswaran’s culpability cannot be considered low given his standing as a minister.
The judge said he was not persuaded by the defence’s argument that Mr Ong would have incurred the cost of the private jet flight regardless of whether Iswaran had accompanied him.
Iswaran acted with deliberation in requesting for valuable items and taking urgent personal leave for the trip to Doha, allowing himself to enjoy the all-expenses-paid trip with only four days’ prior notice, said Justice Hoong.
“I am unable to accept that the absence of financial detriment to the giver is a mitigating factor. Because it does not reduce the offender’s culpability or the resultant damage to public confidence in public institutions,” he said.
Iswaran’s lawyer Davinder Singh asked for his client’s sentence to commence on Oct 7 to take instructions.
Iswaran is to surrender himself at 4pm on Oct 7 at State Courts 4A.
He exited the High Court at around 11.35am, almost an hour after the 40-minute court session.
He told the media he had no comments at this point and walked to an awaiting car.
Iswaran’s sentencing comes after he pleaded guilty on Sept 24 to four charges of obtaining valuable items as a public servant.
He also pleaded guilty to a fifth charge of obstructing the course of justice, for making payment of $5,700 for a business-class flight he had taken from Doha to Singapore in 2022 at Mr Ong’s expense.
He admitted to these charges on what was supposed to be the first day of his trial on Sept 24.
The surprising twist last week in court began when the prosecution decided not to proceed with the two corruption charges, and amended them to charges of obtaining valuable items as a public servant.
All 35 charges were read to Iswaran, and he told the court he was pleading guilty.
Iswaran admitted to obtaining valuable items worth more than $400,000 in total from Mr Ong and Mr David Lum Kok Seng, managing director of mainboard-listed construction company Lum Chang Holdings.
He has paid back more than $380,000 to the state and will forfeit the items he received.
The prosecution, represented by Deputy Attorney-General Tai Wei Shyong, had argued for six to seven months’ jail for Iswaran.
Mr Tai argued that as Iswaran was a minister for 12 years, his acts have had significant impact on the reputation of the Singapore Government, which is well known for its commitment to integrity.
He said if public servants could accept substantial gifts in such a situation, public confidence in the integrity of the Government would be undermined.
Pressing for no more than eight weeks’ jail for Iswaran, his lawyer Senior Counsel Davinder Singh had said his client had no ill intent or motive in obtaining the items.
The lawyer added Iswaran’s culpability was low, as he received the items as gifts in the context of his friendships with Mr Ong and Mr Lum.
Mr Singh argued there was nothing to suggest that his client’s loyalty and duties to the Government were compromised.
In response, Mr Tai said friendship was not a defence nor a mitigating factor.
He added: “The closer the social relationship, the more important it is for public servants to avoid taking gifts.”
The prosecutor noted that Iswaran’s acts of obtaining gifts puts into question his loyalty to the Government in respect of the business transactions.