Monday, March 25, 2024

Iswaran - Corruption charges - Jan 2024 and Mar 2024



Iswaran gets 8 new charges of obtaining S$19,000 in valuables such as whisky, Brompton bike from construction firm boss


Iswaran pleaded not guilty to the new charges. He now faces 35 charges in all.


S Iswaran arrives at the State Courts on Mar 25, 2024. (Photo: CNA/Eugene Goh)


Lydia Lam

25 Mar 2024 


SINGAPORE: Former Transport Minister S Iswaran returned to court on Monday (Mar 25) to receive eight fresh charges, two months after he was first charged with multiple offences including corruption.

The eight new charges come under Section 165 of the Penal Code, which makes it an offence for public servants to obtain valuable items from someone involved with them in an official capacity.

Iswaran is accused of obtaining items such as bottles of whisky, golf clubs and a Brompton bicycle from Mr Lum Kok Seng, the managing director of Singapore-listed Lum Chang Holdings.

It is the parent company of Lum Chang Building Contractors, which won a contract in 2016 for works at Tanah Merah MRT station.

Although Iswaran became Transport Minister only in 2021, charge sheets stated that he knew about Mr Lum's business connections to his ministerial role when the offences allegedly occurred between November 2021 and November 2022.

The 61-year-old pleaded not guilty as well to the new charges. He now faces a total of 35 charges.

The items Iswaran was alleged to have received were worth nearly S$19,000 (US$14,110), the Corrupt Practices Investigation Bureau (CPIB) said in a separate statement on Monday.

He allegedly obtained the following items from Mr Lum between November 2021 and November 2022:




Court documents stated Mr Lum's connection with a "T315" contract for addition and alteration works to the existing Tanah Merah Station and existing viaducts.

The contract between Lum Chang Building Contractors and LTA, awarded in 2016, was worth S$325 million.

The project includes the construction of an additional platform and concourse in Tanah Merah Station, along with two entrances linked by an underpass near the Tanah Merah Kechil Avenue intersection.

It also includes the addition of tracks and viaducts that will run parallel to the existing East-West Line as well as connections to a new depot.
A view of Tanah Merah MRT Station on Mar 25, 2024.

Lum Chang Building Contractors has another ongoing project with LTA, involving the construction of the North-South Corridor (Tunnel) between Ang Mo Kio Ave 3 and Ang Mo Kio Ave 9. The project was awarded in December 2018.

LTA said on Monday that it has not awarded any contracts to the company since 2019.

In response to queries from the media regarding Mr Lum, the Attorney-General's Chambers (AGC) said that it "will take a decision in respect of the investigations against Mr Lum Kok Seng after the case against Mr S Iswaran has been completed, including the presentation of evidence in court".

"At the material time, Mr Lum Kok Seng was the managing director of Lum Chang Holdings Limited," it said.

In January, AGC made a similar statement regarding Mr Ong Beng Seng. Most of Iswaran's initial 27 charges were for receiving "valuable things" from Mr Ong between 2015 and 2022.

Lum Chang Holdings said in a stock exchange filing on Monday evening it is aware that Mr Lum has been named in connection with Iswaran's case.

"The board will make the appropriate announcement(s) as and when there are material developments relating to the matter," it added.


IN COURT

The new charges come barely a week after Iswaran returned to Singapore from a court-approved trip to Australia, which was extended due to his illness.

He arrived at the drop-off point of the State Courts more than half an hour early with his lawyers Mr Navin Thevar, Mr Rajvinder Singh and Ms Sheiffa Safi Shirbeeni of Davinder Singh Chambers.

Senior Counsel Davinder Singh was not present.

Chief Prosecutor Tan Kiat Pheng appeared for the prosecution, flanked by Deputy Chief Prosecutor Jiang Ke-Yue and Deputy Public Prosecutor Kelvin Chong.

Iswaran arrives at the State Courts on Mar 25, 2024. (Photo: CNA/Eugene Goh)


Mr Tan said there were two purposes of the court hearing - first to tender the additional charges and second to have the new charges transferred to the High Court.

Asked to give his plea, Iswaran said: "Not guilty."

Mr Thevar then asked the prosecution to let the court and defence know if it intends to file any further charges against Iswaran.

"Now the defence is raising this, your honour, because of the following circumstances: On Jan 5, 2024, the prosecution recorded 36 cautioned statements from our client," said Mr Thevar.

"These eight that were filed today were not part of the 36. However, at the first mention on Jan 18, 2024, the prosecution gave the defence only 27 charges without telling the defence it was not proceeding on nine charges, and your honour will recall that when we learnt there were 27 and not 36, we raised (this) to the court."

Mr Thevar continued: "The prosecution said they had decided to drop nine charges after having considered all the evidence in this case. There was no mention of the possibility of more charges."

The lawyer said the defence wrote to the prosecution on Jan 31 to inform that Iswaran intended to apply for an early trial so the matter could be fully aired and decided as soon as possible.

The prosecution did not mention the possibility of more charges in its response, Mr Thevar said.

"On Mar 16, three days before the first CCDC (criminal case disclosure conference) in High Court on Mar 19, CPIB asked our client to attend at its offices on Mar 18," the lawyer said.

When Iswaran went to CPIB's office on Mar 18, he was served the eight new charges and CPIB took cautioned statements from him, said Mr Thevar.

"It is not clear why these eight charges have been brought only now," he said. "I should highlight to your honour that they relate to matters CPIB had already asked our client about in July and August last year. Our client was not even asked to attend any further interviews to answer any question about those matters."

Mr Thevar said Iswaran asked the CPIB officer on Mar 18 when the new charges would be brought in court, and the response was that a decision had not been made as to whether the eight charges would be brought.

Iswaran was informed only on Mar 22 that the prosecution had decided to file the eight charges against him, said Mr Thevar.

In response, the Chief Prosecutor said: "All charges are tendered against the accused person in this case based on evidence received by CPIB and reviewed by AGC."

He added that this was not the right forum for the defence to raise these matters and that he could raise them before the High Court.

He asked the court to have the charges transferred to the High Court for the next CCDC on Apr 2.

The judge got Iswaran's bailor to acknowledge the new charges and transferred the eight new charges to the High Court for the purpose of trial.

Former minister Iswaran (second from left) leaves the State Courts in Singapore on on Mar 25, 2024.
(Photo: CNA/Eugene Goh)


BACKGROUND OF THE CASE

Iswaran was first handed 27 charges in January, comprising two of corruption under the Prevention of Corruption Act, one of obstructing justice and 24 of obtaining valuables as a public servant under the Penal Code.

He pleaded not guilty to all charges, which related to his interactions with property tycoon Ong Beng Seng, who owns the rights to the Singapore Grand Prix and is chairman of race promoter Singapore GP.

The first set of charges accuse Iswaran of corruptly receiving more than S$166,000 worth of flights, hotel stays and tickets to events in exchange for advancing the billionaire's business interests.

He is separately accused of obtaining about S$218,000 worth of valuable items in his capacity as a minister who also dealt with Mr Ong and his company. Iswaran was chairman of the F1 Steering Committee.

Iswaran resigned from his positions in government two days before his first court appearance in January.

He had previously been placed on a leave of absence pending an investigation by the CPIB.

If convicted of obtaining a valuable thing as a public servant, Iswaran can be jailed for up to two years, fined, or both.

If convicted of corruptly obtaining gratification under the Prevention of Corruption Act, he can be jailed for up to seven years, fined up to S$100,000, or both.

If convicted of obstructing justice, he can be jailed for up to seven years, fined, or both.


Iswaran charged with multiple offences including corruption, resigns as Transport Minister


Former Transport Minister S Iswaran pleaded not guilty to 27 charges, including corruption, obtaining valuables as a public servant and obstructing justice.

Former Transport Minister S Iswaran, who has been charged with multiple offences including corruption, leaving the
State Courts on Jan 18, 2024. (Photo: CNA/Jeremy Long)

  • Among the charges, Iswaran is accused of corruptly receiving more than S$166,000 worth of flights, hotel stays and tickets to events in exchange for advancing the business interests of property tycoon Ong Beng Seng
  • He also faces a charge of obstructing justice, relating to a repayment he allegedly made to Singapore GP for the cost of a business flight ticket from Doha to Singapore
  • A pre-trial conference has been fixed on Mar 1, after some back-and-forth in court when Iswaran's lead lawyer Davinder Singh raised a matter with the judge on the number of charges

Lydia Lam

Louisa Tang

18 Jan 2024 


SINGAPORE: Former Transport Minister S Iswaran was charged in court on Thursday (Jan 18) with multiple offences including corruption and obtaining valuables as a public servant, months after a probe into him was made public.

He pleaded not guilty to 27 charges in all, relating to his interactions with property tycoon Ong Beng Seng, who owns the rights to the Singapore Grand Prix and is chairman of race promoter Singapore GP.

Iswaran, who resigned from his positions in government on Tuesday, is accused of corruptly receiving more than S$166,000 (US$123,570) worth of flights, hotel stays and tickets to events in exchange for advancing the billionaire's business interests.

He is separately accused of obtaining about S$218,000 worth of valuable items in his capacity as a minister who also dealt with Mr Ong and his company in his role as chairman of the F1 Steering Committee.

The 61-year-old appeared at the court building at about 8.10am flanked by lawyers from Davinder Singh Chambers - led by Senior Counsel Davinder Singh.

He made no comment to the crowd of reporters that was waiting for him.


CHARGES

The 27 charges comprise two of corruption under the Prevention of Corruption Act, one of obstructing justice and 24 of obtaining valuables as a public servant under the Penal Code.

The first corruption charge alleges that Iswaran, in his capacity as a government minister, corruptly obtained gratification totalling S$145,434 from Mr Ong. This was in exchange for advancing the latter's business interests relating to a contract between Singapore GP and the Singapore Tourism Board (STB).

Iswaran is accused of corruptly obtaining 10 Green Room tickets, eight tickets named "Twenty3" and 32 general admission tickets to the 2022 Singapore Formula 1 Grand Prix in September 2022.

The second corruption charge states that Iswaran corruptly obtained from Mr Ong in December 2022 gratification in exchange for advancing his business interests over a contract with a public body over the Singapore GP-STB facilitation agreement, as well as a proposal for a contract with STB to establish the ABBA Voyage virtual concert in Singapore.

He is accused of corruptly obtaining from Mr Ong an outbound flight on his private plane from Singapore to Doha worth about US$7,700, one night's stay in Four Seasons Doha worth about S$4,738, as well as a business class flight from Doha to Singapore worth about S$5,700.

The charge of obstructing justice relates to a repayment of S$5,700 he allegedly made to Singapore GP around May 25, 2023.

That was the cost of his business flight ticket from Doha to Singapore that he took on Dec 11, 2022, at Mr Ong's expense through Singapore GP, the charge sheet stated.

The remaining 24 charges are for obtaining valuable items as a public servant.

These cover a period between November 2015 and December 2021, during which he allegedly obtained the following as a Singapore minister:
  • Two tickets to the show Thriller worth about £200 from Mr Ong through Como Holdings (UK), whom he knew to have a connection with his official function as chairman of the F1 Steering Committee
  • Two tickets to the show The Curious Incident of the Dog in the Night-Time worth about £270 from Ong through Como Holdings (UK)
  • Two tickets to the football match for West Ham United FC v Everton FC (Boleyn Ground) worth about £468 from Mr Ong through Como Holdings UK
  • Two tickets to the football match for Arsenal FC v Tottenham Hotspur FC (Emirates) worth about £550 from Mr Ong through Como Holdings (UK)
  • Ten Green Room tickets to the 2016 Singapore Formula 1 Grand Prix worth about S$42,265 from Mr Ong through Singapore GP
  • Ten Green Room tickets to the 2017 Singapore Formula 1 Grand Prix worth about S$42,265 from Mr Ong through Singapore GP
  • Five Boardwalk tickets to the 2017 Singapore Formula 1 Grand Prix worth about S$40,000 from Mr Ong through Singapore GP
  • Four tickets to the show Book of Mormon worth about £540 from Mr Ong through Como Holdings (UK)
  • Four tickets to the football match of Chelsea FC v Southampton FC (Stamford Bridge) worth about £700 from Mr Ong through Como Holdings (UK)
  • Four tickets to the shows Harry Potter and the Cursed Child: Part 1 and Harry Potter and the Cursed Child: Part 2, worth about £1,000 from Mr Ong through Como Holdings (UK)
  • Four tickets to the football match for Arsenal FC v Liverpool FC (Emirates) worth about £1,100 from Mr Ong through Como Holdings (UK)
  • Four tickets to the show Kinky Boots worth about £300 from Mr Ong through Como Holdings (UK)
  • Six Twenty3 tickets to the 2018 Singapore Formula Grand Prix worth about S$13,193.10 from Mr Ong through Singapore GP
  • Thirteen general admission tickets to the 2018 Singapore Formula 1 Grand Prix worth about S$16,744 from Mr Ong through Singapore GP
  • Four tickets to the show The Play That Goes Wrong worth about £380 from Mr Ong through Como Holdings (UK)
  • Four tickets to the show School of Rock worth about £560 from Mr Ong through Como Holdings (UK)
  • Four tickets to the football match for Chelsea FC v Manchester City FC worth at least £120 from Mr Ong
  • Four tickets to the show Hamilton worth about £400 from Mr Ong through Como Holdings (UK)
  • Four tickets to the show Waitress worth about £524 from Mr Ong through Como Holdings (UK)
  • Four tickets to the show Betrayal worth about £1,080 from Mr Ong through Como Holdings (UK)
  • Six Green Room tickets to the 2019 Singapore Formula 1 Grand Prix worth about S$26,643 from Mr Ong through Singapore GP
  • Sixteen general admission tickets to the 2019 Singapore Formula 1 Grand Prix worth about S$20,608 from Mr Ong through Singapore GP
  • Two tickets for the show Back to the Future worth about £449 from Mr Ong through Como Holdings (UK)
  • Two tickets to the show &Juliet worth about £250 from Mr Ong through Como Holdings (UK)
Iswaran, who was also Minister-in-charge of Trade Relations, had been actively involved in the government’s engagements with F1, including making appearances at press conferences where announcements about the event’s future have been made.

He was arrested on Jul 11 last year.

The arrest was made public on Jul 14, although no details were provided at the time on the nature of the investigation. What was known was that Mr Ong had been arrested as well and asked to provide information relating to his interactions with the minister.

The Attorney-General’s Chambers said on Thursday that it will make a decision about the Corrupt Practices Investigation Bureau (CPIB) investigation into Mr Ong after the case against Iswaran is completed.

If convicted of obtaining a valuable thing as a public servant, Iswaran can be jailed for up to two years, fined, or both.

If convicted of corruptly obtaining gratification under the Prevention of Corruption Act, he can be jailed for up to seven years, fined up to S$100,000, or both.

If convicted of obstructing justice, he can be jailed for up to seven years, fined, or both.

Former Transport Minister S Iswaran arriving at the State Courts on Jan 18, 2024, when he was charged with
multiple offences including corruption. (Photo: CNA/Gaya Chandramohan)


WHAT HAPPENED IN COURT

Dressed in a blue shirt and a dark jacket, Iswaran entered the courtroom at about 8.15am and stood in a huddle with his lawyers for almost an hour, listening to the charges being pre-read to him by a court employee.

District Judge Brenda Tan, who was presiding over the mentions court on Thursday morning, entered the courtroom at about 9.05am.

The prosecution was a three-man team led by Chief Prosecutor Tan Kiat Pheng, along with Deputy Chief Prosecutor Jiang Ke-Yue and Deputy Public Prosecutor Kelvin Chong.

Iswaran was represented by Senior Counsel Davinder Singh, Mr Navin Thevar, Mr Rajvinder Singh and Ms Sheiffa Safi Shirbeeni.

Chief Prosecutor Tan listed the charges Iswaran faced and asked for his plea to be taken. "CP, you are asking for the plea to be taken now?" asked Judge Tan.

Chief Prosecutor Tan confirmed this, and Iswaran spoke, saying: "Yes, I intend for the plea to be taken now. Not guilty, your honour."

The prosecutor then asked for the case to be adjourned for a pre-trial conference. He asked for agency bail - of S$800,000 - to be extended to Iswaran.

Iswaran's lead lawyer, Senior Counsel Davinder Singh, then raised "a matter" with the judge on the number of charges.

He said: "Your honour, on Monday, the CPIB charged my client with 36 charges and took cautioned statements on all 36 charges. This morning, we learnt from documents that were handed to us by the prosecution that there are now 27 charges."

"I'd like to know from my learned friend whether the prosecution is proceeding with the remaining nine charges," said Mr Singh, turning to the chief prosecutor.

Chief Prosecutor Tan replied that the prosecution is not proceeding with the other nine charges after "considering all the evidence that was in this case".

Mr Singh then asked the court to note this decision.

"It would appear that in the matter of two days, a decision has been taken not to proceed with the nine charges," Mr Singh told the judge.

"According to my learned friend, that is because they have reviewed all the evidence. But I would have thought, your honour, that the evidence would've been reviewed thoroughly before the 36 charges were levelled against my client on Monday. And so, for now, all I would say is that it is surprising but highly significant that after what I assumed was a thorough review and the levelling of the nine charges, in a matter of two days, there has been a complete change of position. I will say no more about that for now," said Mr Singh.

In response, Chief Prosecutor Tan said: "I think my learned friend will understand that the evidence will include whatever the accused has stated in his cautioned statements. That's all I have to say so far. If my learned friend wants to pursue this subsequently we will address it in future."

After further back-and-forth, the judge fixed the case for a pre-trial conference on Mar 1.

After the charging, Iswaran retreated to a nook just outside the courtroom where he spoke to his lawyers for several minutes before choosing to take the escalators down four floors instead of the lift.

In a statement released after the hearing, Iswaran said he rejected the charges and the allegations against him.

"I am innocent and will now focus on clearing my name," he wrote, adding that he resigned from his political offices "even without being asked to do so" and because he believed "it was the right thing to do".

Former Transport Minister S Iswaran, who has been charged with multiple offences including corruption, leaving the
State Courts on Jan 18, 2024. (Photo: CNA/Jeremy Long)


POLITICAL CAREER

Iswaran was appointed Minister for Transport in May 2021. His political career spanned more than 26 years since he was first elected in 1997 as a Member of Parliament for West Coast GRC.

Before he was appointed to the Cabinet in 2006, he served on several government parliamentary committees and was the Deputy Speaker of Parliament from September 2004 to June 2006.

Prime Minister Lee Hsien Loong had placed Iswaran on a leave of absence during the CPIB investigation.

Mr Lee later revealed in parliament that Iswaran had his pay cut to S$8,500 (US$6,390) a month until further notice. But he was allowed to draw the full annual MP allowance of S$192,500.

It prompted the Progress Singapore Party (PSP) to file a motion requesting that Iswaran be suspended as an MP.

The PSP motion was rejected in parliament last September, with MPs voting instead to consider the matter when investigations against Iswaran conclude.

He resigned as minister, MP and as a member of the People's Action Party on Tuesday.


INCORRUPTIBILITY "ABSOLUTELY NON-NEGOTIABLE"

At the People’s Action Party’s (PAP) conference in November, Mr Lee spoke about the need to keep Singapore’s system clean. He also pledged that PAP's commitment to honesty and incorruptibility was "absolutely non-negotiable".

Without referencing Iswaran, he told party members: "If you wear white, you must be white. Whether in your party responsibilities or private dealings, never bring yourself or the party into disrepute. Do not abuse your position. Do not accept any favours, still less ask for them. It is shameful, it is wrong."

Mr Lee, who is the party’s secretary-general, added that the PAP must prove itself especially when it is tested, by putting principles into action "regardless of any embarrassment or political cost" and dealing with the issues "without fear or favour" while getting to the bottom of the matter.


Source: CNA/ac(gs)

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