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Prosecution seeks 6-7 months jail for former minister S Iswaran, defence requests maximum of 8 weeks

The prosecution seeks 6-7 months’ jail for S Iswaran, citing delayed restitution. Defence argues for a maximum of 8 weeks, stating no third party suffered harm and the gifts were given as part of personal friendships. Iswaran has maintained the PCA charges were “baseless.”

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In court, the prosecution has called for a jail sentence of six to seven months for former transport minister S Iswaran, who has pleaded guilty to five amended charges of receiving valuable items and obstructing justice during his time in office with 30 other charges taken into consideration.

Corruption charges were removed from the charges filed against Iswaran.

Deputy Attorney-General (DAG) Tai outlined the sentences sought by the prosecution, which include four months for accepting 10 Formula 1 green room tickets, three months for a private jet flight and hotel stay provided by businessman Ong Beng Seng, and one month each for receiving a foldable bicycle and 14 bottles of alcohol.

Additionally, the prosecution seeks two months for obstructing the course of justice.

DAG Tai emphasized that at least two of these sentences must run consecutively, resulting in a total jail term of six to seven months.

DAG Tai acknowledged that Iswaran had paid back the money involved in the Section 165 charges but criticized the former minister for “disgorging late in the day.”

He explained that disgorgement—a remedy requiring a party who profits from illegal or wrongful acts to give up those profits—was not made early enough to be a strong mitigating factor.

While restitution can demonstrate remorse, DAG Tai pointed out that voluntary restitution made before the commencement of proceedings carries more weight as it shows genuine regret.

If restitution is made solely to reduce punishment, its mitigating value should be limited, he argued.

Moreover, DAG Tai emphasized that restitution primarily compensates victims, whereas disgorgement in this case does not restore the public interest that was harmed.

On the defence side, Counsel Davinder Singh requested that the aggregate jail term for Iswaran not exceed eight weeks.

In mitigation, Mr Singh argued that Iswaran has consistently maintained that the Prevention of Corruption Act (PCA) charges against him were “baseless” from the outset, and he pointed out that Iswaran denied these charges from the very beginning.

Mr Singh countered the prosecution’s criticism of the timing of the restitution, arguing that the offer to return the money was made as soon as the prosecution informed the defence of the amended PCA charges.

He explained that any earlier restitution could not have been made without prejudicing Iswaran’s defence.

Addressing the Section 165 charges, Mr Singh argued that no third party had suffered any losses as a result of Iswaran’s actions.

“It is clear that there is little or no harm occasioned by offences in this case under Section 165, and Mr Iswaran’s culpability is low,” he stated. He emphasized that the items were given to Iswaran as gifts by Mr Ong and Mr Lum, in the context of their personal friendships.

Mr Singh also noted that the Ministry of Trade and Industry had confirmed there was no indication that any Formula 1 contracts were structured to the disadvantage of the government. Similarly, contracts awarded to Mr Lum’s company by the Land Transport Authority were secured before Iswaran became transport minister, and Iswaran had no involvement in them.

Mr Singh highlighted Iswaran’s cooperation with the Corrupt Practices Investigation Bureau (CPIB), asserting that his client had disclosed the gifts truthfully when first interviewed.

Additionally, Mr Singh argued that using past judgments shows that the “sanction” of removing an office holder from their position is often deemed sufficient.

While Iswaran may have committed an offence under Section 165, Mr Singh emphasized that there was no abuse of power in his actions.

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DPM Gan Kim Yong appointed to GIC board as director

Deputy Prime Minister Gan Kim Yong will join the GIC board as a director from 1 October, enhancing his extensive portfolio that includes serving as Singapore’s Minister for Trade and Industry and Chairman of the Monetary Authority of Singapore.

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SINGAPORE: Deputy Prime Minister (DPM) Gan Kim Yong will join the GIC board as a director starting on 1 October, according to an announcement from the sovereign wealth fund on Tuesday (24 September).

Mr Gan is also Singapore’s Minister for Trade and Industry.

His appointment adds to his extensive portfolio, which already includes his responsibilities as the Chairman of the Monetary Authority of Singapore (MAS) and his role overseeing the Strategy Group in the Prime Minister’s Office.

He is also a member of key national boards such as the Research, Innovation, and Enterprise Council and the National Research Foundation Board.

In a statement, Lim Chow Kiat, Chief Executive of GIC, welcomed Gan’s appointment, stating, “His wide-ranging experience will add valuable insights to important asset allocation and other strategic decisions.”

Lim expressed optimism about the contributions Gan will make to the board in shaping GIC’s investment strategies.

Gan’s career began in Singapore’s Civil Service, where he worked in the Ministry of Trade and Industry and the Ministry of Home Affairs.

In 1989, he transitioned to the private sector, joining NatSteel, a company that produces reinforcement steel products for the construction industry.

During his time at NatSteel, Gan rose to the position of Chief Executive Officer and President in 2005. His leadership at the company spanned several years, during which he contributed significantly to its development.

In addition to his corporate experience, Gan has had a distinguished political career.

He entered politics in 2001 and has since held various ministerial roles, including positions in the Ministry of Education, the Ministry of Manpower, and the Ministry of Health.

His leadership in these ministries contributed to Singapore’s policy development in areas ranging from workforce management to public health.

Gan holds both Bachelor’s and Master’s degrees in Engineering from Cambridge University.

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Singapore

Former Transport Minister S Iswaran pleads guilty in surprise move at criminal trial

Former transport minister S Iswaran pleaded guilty on 24 September 2024 to four charges under Section 165 of the Penal Code and one charge of obstructing justice. The charges involve over S$400,000 in valuable items, including tickets and flights, received from property tycoon Ong Beng Seng and others.

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In a sudden development, former transport minister S Iswaran pleaded guilty on 24 September 2024, on the first day of his highly anticipated criminal trial.

The 62-year-old, who had previously expressed his intent to contest the charges to clear his name, admitted to four charges under Section 165 of the Penal Code, which prohibits public servants from receiving valuable items from individuals involved with them in an official capacity. Iswaran also admitted to a charge of obstructing justice.

In addition to these charges, 30 more charges will be taken into account during sentencing. The charges against Iswaran involve the acceptance of valuable gifts, such as tickets to theatre shows, football matches, the Singapore F1 Grand Prix, whisky, international flights, and hotel stays. The total value of these items exceeds S$400,000.

The hearing commenced at 10 am, with the prosecution presenting a fresh set of charges.

Deputy Attorney-General Tai Wei Shyong informed the court that two charges initially filed under Section 6(a) of the Prevention of Corruption Act were being replaced with lesser charges under Section 165 of the Penal Code. Senior Counsel Davinder Singh, representing Iswaran, confirmed that his client would plead guilty following the reduced charges.

Background of the Charges

The case against Iswaran revolves around his interactions with property tycoon Ong Beng Seng and construction firm head Lum Kok Seng, neither of whom has been charged. Two of the charges amended by the prosecution directly concern Ong Beng Seng.

One amended charge, originally laid out in September 2022, accused Iswaran of corruptly receiving various tickets to the 2022 Singapore F1 Grand Prix.

The tickets, valued at over S$145,000, were allegedly obtained as an inducement for advancing Ong’s business interests with the Singapore Tourism Board (STB).

The second amended charge related to Iswaran accepting a private flight from Singapore to Doha, along with a hotel stay at Four Seasons Doha and a business class return flight, cumulatively valued at approximately S$20,847. This was purportedly to facilitate a contract between Singapore GP Pte Ltd and STB regarding the ABBA Voyage virtual concert in Singapore.

Both charges were later altered to reflect that Iswaran had accepted these items as a public servant rather than as part of a corrupt exchange, shifting the legal basis of the accusations under the Penal Code.

Timeline and Sentencing

The earliest charge against Iswaran dates back to November 2015, when he served as the minister for trade and industry. His involvement in this corruption probe came to light in July 2023, while he was still serving as transport minister and minister-in-charge of trade relations.

He resigned from his government positions and from the People’s Action Party in January 2024 after being formally notified of the criminal charges.

The defence, led by Senior Counsel Davinder Singh, has portrayed Iswaran’s relationship with Ong and Lum as close personal friendships.

According to Mr Singh, Iswaran was unaware that the gifts he received could be perceived as “veiled gratification.”

Despite his guilty plea, Singh maintained that the defence initially pursued several legal strategies, including attempts to consolidate the charges into one trial and demands for complete access to the prosecution’s witness statements. The prosecution, however, resisted these efforts, and while the court allowed a single trial, Iswaran’s legal team was unsuccessful in obtaining all witness documents.

Iswaran now faces the possibility of imprisonment, with a maximum sentence of seven years for the obstruction of justice charge under Section 204A of the Penal Code. For his charges under Section 165, he could face up to two years in prison or be subject to fines.

The trial’s progression has attracted considerable public attention due to Iswaran’s high-profile status and the extensive value of the gifts he received. His guilty plea marks a significant turn in a case that has been under public scrutiny for months.

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