S Iswaran v Public Prosecutor, [2024] SGHC 123.
The main issues revolve around an application by S Iswaran for the joinder of multiple charges he faces, involving both charges under the Penal Code and the Prevention of Corruption Act.
Key Points of the Judgment:
1. Application for Joinder of Charges:
- S Iswaran applied to join all 35 charges against him into a single trial.
- The charges include:
- 24 charges under s 165 of the Penal Code for receiving valuable items from Ong Beng Seng (OBS) without consideration as a public servant.
- 2 charges under the Prevention of Corruption Act (PCA) for receiving items as inducements.
- 1 charge under s 204A of the Penal Code for obstructing justice.
- 8 charges under s 165 of the Penal Code for receiving items from Lum Kok Seng (LKS) without consideration as a public servant.
2. Issues to be Determined:
- Whether the application for joinder of charges is within the sole prerogative of the Prosecution.
- What constitutes “a series of the same or a similar character” under s 133 of the CPC.
3. Court’s Decision:
- The court decided that an application for joinder of charges is not within the sole prerogative of the Prosecution and can be made by the Defence.
- The court interpreted that factual and legal similarities, considering the wider characteristics of the offences, are sufficient to establish “a series of the same or a similar character.”
- The charges involving OBS and LKS were found to form a series of offences of a similar character due to their legal and factual similarities.
- The charge under s 204A of the Penal Code and one of the PCA charges were found to form part of the same transaction, allowing them to be joined.
4. No Prejudice to the Defence:
- The court determined that joining the charges would not prejudice or embarrass the Defence. In fact, separate trials would be more prejudicial due to the time, expense, and pressure involved.
5. Conclusion:
- The court granted the application for joinder of all 35 charges against S Iswaran.
This judgment underscores the importance of legal and factual similarities in determining whether charges can be joined for trial and clarifies that such applications can be made by the Defence, not just the Prosecution.
