CNA explains: Could Low Thia Khiang have refused to testify in the Pritam Singh trial?

SINGAPORE: Former Workers’ Party (WP) chief and veteran opposition politician Low Thia Khiang made headlines after appeared in the trial as a prosecution witness his successor, Pritam Singh.

Before and after his brief testimony last week, there were debates online about why he decided to testify against Singh and whether he could have refused to be a prosecution witness.

CNA spoke with trial lawyers to answer this and other questions about the process of being a witness in a criminal trial.

How are witnesses identified?

The process begins at the investigation stage, said Anil Balchandani of Red Lion Circle Advocates and Solicitors.

“In criminal cases, the police usually investigate and identify witnesses,” Balchandani famously said ensuring the acquittal of Ms. Parti Liyaniformer maid of then Changi Airport Group chairman Liew Mun Leong.

He added that neither the prosecution nor the defense can exclude or “pick” – to use the Singlish term for “reserve” – ​​the other side’s witnesses.

The police have the right to require witnesses to appear in court in accordance with Art. 21 of the Code of Criminal Procedure. If the witness fails to appear, the magistrate may issue a warrant.

“A witness questioned by the police is obliged to state truthfully what he knows about the facts and circumstances of the case,” Balchandani said.

However, a witness has the right to remain silent if his statement would expose him, for example, to criminal liability.

Anyone interviewed by police as part of the investigation could potentially be called as a witness, said Mark Yeo, director of Fortress Law and a former deputy prosecutor.

“In preparing for trial, the prosecution will consider what facts it needs to prove its case beyond a reasonable doubt. It will then consider what type of evidence (either documentary or oral) it will require to prove these facts. Then they will do it. decide what witnesses they will have to call,” he said.

In line with the prosecutor’s office instructions, the investigation bureau will apply to the court for a summons, which will then be personally delivered to the witness by the investigating officer, Yeo said.

“That witness will then be ordered to appear in court on the date and time specified in the summons.”

Can you refuse to be called as a witness?

Technically, yes, said Ms. Harjeet Kaur, senior associate at Withers KhattarWong.

However, if the witness refuses, the prosecution or defense may issue a subpoena to appear as a witness. Once served with the summons, failure to appear at the hearing will constitute a violation of the summons, which constitutes a court order, Yeo said.

The court may issue an arrest warrant and the witness will be liable for contempt of court.

Veteran lawyer Ramesh Tiwary said that “nobody has a choice” when it comes to being a witness, either for the prosecution or the defence.

“When you are summoned to appear, you must appear.”

Asked if anyone had ever fled, he said: “I think there was at least once a witness who just went back to his home country halfway through the interrogations.”

Nothing could be done at that time as the person was outside the jurisdiction of the Singapore authorities.