Ex-Transport Minister going to jail: Gasps were heard, his family sighed as sentence was read out
Nadine Chua, Wong Shiying and Andrew Wong
The Straits Times
Oct 3, 2024
Former transport minister S. Iswaran was handed a 12-month jail term on Oct 3 in a landmark case that saw, for the first time, a former Cabinet minister being sentenced.
The sentence handed down was more than the six to seven months’ jail the prosecution had sought.
Addressing the court, Justice Vincent Hoong said he was unable to agree with the positions of both the prosecution and the defence. The defence had sought not more than eight weeks’ jail.
The judge said he was of the view that it was appropriate to impose a heavier sentence than what both parties had asked for, and that what the prosecution and the defence submitted were manifestly inadequate.
Gasps were heard in the courtroom when Justice Hoong said this. Iswaran’s wife, Ms Kay Mary Taylor, shook her head.
The sentence was meted out in front of over 40 members of the public in the gallery and Iswaran’s family, who sighed as the sentence was read out.
In his sentencing remarks, Justice Hoong emphasised that trust and confidence in public institutions are the bedrock of effective governance.
He said: “This can all too easily be undermined by a public servant who falls below standards of integrity and accountability.”
The judge added that it was significant that Iswaran had made public statements rejecting the charges as false.
In a letter in January to then Prime Minister Lee Hsien Loong, Iswaran rejected the charges and said he was innocent and believed he would be acquitted, said Justice Hoong.
“Thus, I have considerable difficulty accepting that these acts were indicative of the accused’s remorse and desire to make reparations,” he added.
As Justice Hoong addressed the court, Iswaran looked down and took notes.
The judge said: “Holders of high office ordinarily wield a greater degree of potential influence over significant business transactions or proceedings and have a larger resultant impact on the public interest.”
Such individuals set the tone for public servants in conducting themselves in high standards of integrity, and they must avoid any perception that they are susceptible to influence to financial benefits, he said.
“Persons who accept appointments to high office take on the heavy responsibilities of their office along with the associated power and status, and should generally be regarded as having acted with greater culpability in abusing their position to obtain valuable gifts,” said Justice Hoong.
The judge also noted that an offender’s awareness that the giver was motivated by a desire to cultivate his goodwill and loyalty would be a relevant factor in sentencing.
Addressing the charges involving Mr Ong Beng Seng, Justice Hoong said Iswaran abused his position by obtaining gifts from Mr Ong despite knowing that the Singapore GP chairman had close connection to his official duties.
Mr Ong will be charged on Oct 4 for abetting a public servant in obtaining valuables and for obstructing the course of justice.
The judge noted that Iswaran’s culpability cannot be considered low given his standing as a minister.
He said he was not persuaded by the defence’s argument that Mr Ong would have incurred the cost of the private jet flight regardless of whether Iswaran had accompanied him.
Iswaran acted with deliberation in requesting for valuable items and taking urgent personal leave for the trip to Doha, allowing himself to enjoy the all-expenses-paid trip with only four days’ prior notice, said Justice Hoong.
“I am unable to accept that the absence of financial detriment to the giver is a mitigating factor. The giver’s voluntary provision of the valuable item is not a mitigating factor because it does not reduce the offender’s culpability or the resultant damage to public confidence in public institutions,” he said.
Iswaran’s lawyer, Senior Counsel Davinder Singh, asked for his client’s sentence to commence on Oct 7 to take instructions.
Iswaran is to surrender himself at 4pm on Oct 7 at the State Courts.
He exited the High Court at around 11.35am, almost an hour after the 40-minute court session.
He told the media he had no comments at this point and walked to an awaiting car.
Criminal lawyer Choo Si Sen, a former deputy public prosecutor, said that if Iswaran wants to appeal against his sentence, his lawyers must do so within 14 days.
If he lodges an appeal, his lawyers will likely apply for bail pending appeal.
Even though Iswaran was asked to surrender himself at the State Courts on Oct 7, he would not have to turn up if this bail is granted, said Mr Choo.
The veteran lawyer added that the court may impose different conditions on this bail.
He said: “In most cases, the court will increase the bail amount by up to 50 per cent since the offender has been convicted and sentenced.”
Iswaran's sentencing comes after he pleaded guilty on Sept 24 to four charges of obtaining valuable items as a public servant.
He also pleaded guilty to a fifth charge of obstructing the course of justice, for making payment of $5,700 for a business-class flight he had taken from Doha to Singapore in 2022 at Mr Ong’s expense.
Another 30 charges were taken into consideration during sentencing.
Justice Hoong said the charges taken into consideration revealed the scale, extent and repetition of Iswaran’s offending over a significant duration of time.
Iswaran admitted to these charges on what was supposed to be the first day of his trial on Sept 24.
The surprising twist last week in court began when the prosecution decided not to proceed with the two corruption charges, and amended them to charges of obtaining valuable items as a public servant.
All 35 charges were read to Iswaran, and he told the court he was pleading guilty.
Iswaran admitted to obtaining valuable items worth more than $400,000 in total from Mr Ong and Mr David Lum Kok Seng, managing director of mainboard-listed construction company Lum Chang Holdings.
He has paid back more than $380,000 to the state and will forfeit the items he received.
Deputy Attorney-General Tai Wei Shyong argued that as Iswaran was a minister for 12 years, his acts have had significant impact on the reputation of the Singapore Government, which is well known for its commitment to integrity.
He said if public servants could accept substantial gifts in such a situation, public confidence in the integrity of the Government would be undermined.
In a statement on Oct 3, Prime Minister Lawrence Wong said Singapore’s system of government and politics must always stay clean and free from corruption.
He added: “Those entrusted with public service must uphold the highest standards of integrity and their conduct must be beyond reproach. This is absolutely vital and non-negotiable.
“I am disappointed and saddened that Mr Iswaran’s political career has ended like this.”
PM Wong noted that Iswaran’s past contributions during his time in politics did not right this wrong.
He said: “We will do what is right by Singapore and Singaporeans, regardless of the political costs or the personal pain we feel when a colleague and friend has been jailed.”
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