CNA Explains: Could Low Thia Khiang have refused to testify in Pritam Singh’s trial?

SINGAPORE: Former Workers’ Party (WP) chief and veteran opposition politician Low Thia Khiang hit the headlines after the incident. took the stand as a prosecution witness at the hearing his successor Pritam Singh.

Before and after he took the stand last week, voices online were talking about why he might have chosen to testify against Singh and whether he might refuse to be a witness for the prosecution.

CNA spoke with attorneys handling the cases to address these and other questions about the process of becoming a witness in a criminal case.

How are witnesses identified?

Mr Anil Balchandani of Red Lion Circle Advocates and Solicitors said the process starts at the investigation stage.

“In criminal matters, police usually conduct investigations and identify witnesses,” Balchandani said. Ensuring the acquittal of Bayan Parti LiyaniFormer servant of then Changi Airport Group chairman Liew Mun Leong.

The official added that neither the prosecution nor the defense can exclude or “cut off” – using a Singlish term meaning “substitute” – the other side’s witnesses.

The police have the authority to request the attendance of witnesses in court under Article 21 of the Code of Criminal Procedure. If no witness comes forward, an arrest warrant may be issued by the judge.

“It is imperative that a witness questioned by the police gives a true account of what he knows about the facts and circumstances of the case,” Mr. Balchandani said.

However, the witness has the right to remain silent if his words would expose him to a criminal charge.

Fortress Legal Director and former deputy prosecutor Mr Mark Yeo said any person interviewed by police as part of the investigation could potentially be called as a witness.

“In preparing for trial, the prosecution will consider what facts they need to prove their case beyond a reasonable doubt. They will then consider what type of evidence (documentary or oral testimony) they will need to prove those facts. They will then prove those facts. They will decide which witnesses they should call.” “give it” he said.

Mr Yeo said that in line with the prosecution’s instructions, the investigation bureau would apply to the court for a subpoena, which would then be served personally to the witness by the investigating officer.

“This witness will then be ordered to attend court on the date and time specified in the subpoena.”

Can a person refuse to be called as a witness?

Ms Harjeet Kaur, senior partner at Withers KhattarWong, said technically yes.

However, if the witness refuses, the prosecution or defense may subpoena a witness. Mr Yeo said failure to attend court after being notified would constitute a breach of the court-ordered subpoena.

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

Senior advocate Ramesh Tiwary said “no one has a choice” when it comes to becoming a witness, be it prosecution or defence.

“When you are called to participate, you have to participate.”

Asked if anyone had ever escaped before, he said: “I think at least once, there was a witness who returned to his own country in the middle of cross-examination.”

Since the person was outside the jurisdiction of Singapore authorities, nothing could be done at the time.