SINGAPORE: Former Workers’ Party (WP) chief and seasoned opposition politician Low Thia Khiang made headlines after he took the stand as a prosecution witness in the trial of his successor, Pritam Singh.
Before and after his brief turn on the stand last week, online voices were buzzing about why he might have chosen to testify against Singh, and whether he could have declined to be a witness for the prosecution.
CNA spoke to lawyers who have handled trials to address this and other questions about the process of being a witness in a criminal trial.
How are witnesses identified?
The process begins at the investigations stage, said Mr Anil Balchandani of Red Lion Circle Advocates and Solicitors.
“In criminal matters, the police usually will conduct investigations and identify witnesses,” said Mr Balchandani, who is known for securing the acquittal of Ms Parti Liyani, the former maid of then-Changi Airport Group chairman Liew Mun Leong.
Neither the prosecution nor the defence can exclude or “chope” – using a Singlish term for “reserve” – witnesses from the other party, he added.
The police have the power to require witnesses to attend court under Section 21 of the Criminal Procedure Code. If the witness does not show up, a warrant could be issued by a magistrate.
“When interviewed by the police, a witness is bound to state truly what he knows of the facts and circumstances of the case,” said Mr Balchandani.
However, the witness has the right to remain silent if what he says would expose him to a criminal charge, for example.
Whoever the police interviews as part of their investigations may potentially be called as a witness, said Mr Mark Yeo, director at Fortress Law and former deputy public prosecutor.
“When preparing for the trial, the prosecution would consider what facts they need to prove their case beyond a reasonable doubt. They will then consider what type of evidence (whether documentary or from oral testimony) they require to prove those facts. They will then decide which witnesses they would need to call,” he said.
Under directions from the prosecution, the investigating office will apply to the court for a summons to appear in court, which is then personally served on the witness by the investigating officer, said Mr Yeo.
“That witness will then be under an order to attend court on the date and time specified in the summons.”
Can a person refuse to be called as a witness?
Technically yes, said Ms Harjeet Kaur, senior associate at Withers KhattarWong.
But if the witness refuses, the prosecution or defence can issue a Summons To a Witness. Once this is served, failing to attend court will be a breach of the summons, which is a court order, said Mr Yeo.
The court may issue a warrant of arrest and the witness is liable for contempt of court.
Veteran lawyer Ramesh Tiwary said “nobody has a choice” in terms of being a witness, whether for the prosecution or defence.
“Once you are subpoenaed to attend, you have to attend.”
Asked if anyone has ever fled before, he said: “I think at least once, there was a witness who, midway through cross-examination, just returned to their own country.”
Nothing could be done then, as the person was out of Singapore authorities’ jurisdiction.