Former Transport Minister Iswaran has been sentenced to 12 months in jail after pleading guilty to four amended charges under Section 165 of Singapore’s Penal Code and one charge of obstructing the course of justice under Section 204A(a) of the Penal Code.

Previously, the prosecution sought a jail term of six to seven months, while the defence requested that Iswaran’s aggregate sentence not exceed eight weeks.

Iswaran admitted to accepting valuable gifts from prominent businessmen, including Ong Beng Seng, chairman of Singapore GP, and David Lum Kok Seng, managing director of Lum Chang Holdings, while holding public office. These gifts, which included private flights and other benefits, were worth over S$400,000 in total.

The 35 charges against Iswaran were amended by the prosecution on 24 September 2024 from corruption to lesser offences under Section 165, which pertains to public servants receiving valuable items in connection with their official duties. The court also took into account Iswaran’s admission of obstructing the course of justice, for which he had repaid over S$5,000 to Singapore GP for a business-class flight he had taken at Ong’s expense.

The remaining 30 charges were taken into account during sentencing.

Iswaran’s defence team argued that his guilty plea followed the amendment of the charges and suggested that this change altered the “complexion” of the case.

However, Justice Vincent Hoong, in delivering his judgement on Thursday (3 Oct), rejected this argument, noting that Iswaran had consistently denied the charges and only pleaded guilty after the amendments were made. The court ruled that his decision to plead guilty did not demonstrate sufficient remorse, particularly given his earlier public statements professing innocence.

The judge also dismissed several of the defence’s mitigating arguments. Among them was the claim that Ong, the businessman who had offered Iswaran private jet travel and other benefits, would have incurred the costs regardless of Iswaran’s involvement.

Justice Hoong ruled that the central issue was Iswaran’s acceptance of these benefits while knowing that Ong had business interests connected to Iswaran’s official role as minister and chairman of the Formula 1 (F1) steering committee. This, the judge said, compromised the integrity of public office.

The court further rejected the argument that Iswaran’s public service and contributions to Singapore should weigh in his favour during sentencing.

Justice Hoong described these as “neutral” factors in this context, emphasising the importance of general deterrence in cases involving high-ranking officials. “Holders of high office set the tone for public servants and must be expected to avoid any perception of influence by pecuniary benefits,” the judge said.

Iswaran had pleaded guilty to obtaining gifts such as a private flight to Doha from Ong, taken while on urgent personal leave.

Although Iswaran’s lawyers argued that the absence of financial detriment to Ong should mitigate his culpability, the court rejected this. Justice Hoong stated that the focus should remain on the harm caused to public institutions and the need for general deterrence.

Furthermore, the defence’s claim that Iswaran had distributed the F1 tickets he received to friends and family, rather than selling them, was also rejected.

The judge ruled that the improper use of these tickets, which Iswaran had obtained by virtue of his official connection to Ong, was damaging to the integrity of public office.

Justice Hoong emphasised that general deterrence remained a central consideration in the sentencing of public servants who commit such offences.

“The lack of prevalence of such offences may be a sign of healthy governance processes, but it cannot detract from the courts’ responsibility to signal their disapproval of such conduct,” he said.

Iswaran had originally faced 35 charges, including two counts of corruption.

The charges were amended from two counts of corruption under the Prevention of Corruption Act (PCA) to offences under Section 165, which covers public servants who receive valuable gifts in connection with their official duties.

This section, unlike Section 8 of the PCA, does not include a presumption of corruption, which would have placed the burden on the accused to prove the gifts were not given as inducements.

The Attorney-General’s Chambers (AGC) cited litigation risks in proving the original corruption charges as a reason for amending them, but did not suggest that the case itself lacked merit.

MALAYSIA: ENGAGE, a Malaysian civil society group, has expressed profound disappointment over the Federal Court’s recent decision to uphold a RM300,000 (approximately US$72,771 ) defamation judgment against Clare Rewcastle-Brown, the investigative journalist known for her pivotal role in exposing the 1MDB scandal.

The court’s ruling, delivered on 10 September, held Rewcastle-Brown liable for defamation due to a mistaken identity error that had since been rectified, casting a shadow on the safety of investigative journalism in Malaysia.

In light of this ruling, ENGAGE emphasised the broader implications for journalists seeking to expose corruption.

“This decision sends a chilling message to investigative journalists who exposes corruption that they will not be protected in Malaysia,” the group stated.

As part of the ruling, Rewcastle-Brown and two local businesses—Gerakbudaya and Vinlee Press—are now responsible for a total payment of RM455,400 (US$110,439), which includes RM300,000 in damages and RM135,000 costs and other incidentals (taxes and interests).

ENGAGE also shared a video message from Rewcastle-Brown on its Facebook page.

In the video, Rewcastle-Brown reiterated her disappointment that despite correcting the error six years ago, the court ruled that she and the two publishers must pay damages to the Sultanah.

She expressed her gratitude to ENGAGE, the Centre for Independent Journalism, and numerous other groups that support freedom of expression for their efforts in raising funds to help cover these fines.

To date, approximately RM305,667 has been raised through donations in the UK and through ENGAGE’s Freedom Fund 2.0, leaving a shortfall of RM149,733, rounded up to RM150,000.

ENGAGE has issued a rallying cry to the Malaysian public to show solidarity with Rewcastle-Brown and the local businesses affected by this ruling.

The organization highlighted the significance of Rewcastle-Brown’s investigative work, particularly her book, The Sarawak Report: The Inside Story of the 1MDB Exposé, which detailed the massive corruption scheme involving former Prime Minister Najib Razak and fugitive financier Jho Low, ultimately leading to the latter’s downfall and incarceration.

ENGAGE plans to keep the public updated on the fundraising efforts through their Facebook page and encourages potential donors to verify the information via Clare’s blog.

In closing, ENGAGE thanked those who have previously contributed and encouraged further support to help maintain Malaysia’s independent publishers, vital to a free press and democracy.

They provided the following banking details for donations:

• Name: Engage Citizen Network PLT
• Bank: Maybank
• Account: 5512 7609 7331
• Remark: Clare

RSF condemns Malaysian court ruling against Rewcastle-Brown

On 17 September, Reporters Without Borders (RSF) condemned the Malaysian court ruling against Rewcastle-Brown and the two publishers, characterizing it as part of a broader effort to silence journalists reporting on corruption.

Fiona O’Brien, UK Bureau Director of RSF, commented: “This case should never have made it to court. The accusations of defamation are nonsensical. ”

“The underlying agenda appears to be to silence Rewcastle Brown and warn other Malaysian journalists away from reporting on corruption.”

In a separate criminal case, Rewcastle Brown was sentenced in absentia to two years in prison in February 2024. She continues to appeal the criminal charges but has faced significant challenges in defending herself.

The British government has not commented publicly on her case.

RSF also noted that Malaysia, once ranked 73rd in the World Press Freedom Index, has dropped to 107th in 2024, amid rising political instability and a pattern of defamation suits against journalists.