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Simplifying & Explaining Iswaran’s Amended Charges, & Why He’s Convicted of 5 Instead of 35 Charges

2024-09-25 , 10:55 am

In a surprising turn of events, former Transport Minister S. Iswaran pleaded guilty on 24 September 2024, bringing his trial to a speedy conclusion (within a day).

With amended charges and only 5 out of 35 charges proceeded, it’s understandable if you’re feeling a bit confused about what exactly happened.

Let’s break it down so that you’d understand everything and sound smarter in a coffeshop!

Iswaran’s Initial Pleas

Back in January, Iswaran pleaded not guilty to 27 charges related to Ong Beng Seng. In March, he again pleaded not guilty to 8 charges related to Lum Kok Seng. By claiming trial, he was essentially fighting for his innocence.

That was what he highlighted in his statement, too.

Everyone was gearing up for a courtroom battle that would rival the drama of a Suits episode. The trial was scheduled for four days, from September 24 to 27, with additional dates set for November and even stretching into next year.

However, on the first day of the trial, September 24, Iswaran surprised everyone by pleading guilty to 5 proceeded charges, leaving the remaining 30 charges to be considered for sentencing.

This might leave you wondering, “What’s the deal with the amended charges?” or “Does this mean he’s still fighting the other 30 charges?”

Understanding the Amended Charges

To simplify things, let’s take a closer look at Iswaran’s initially 35 charges:

32 charges were under Section 165 of the Penal Code for “obtaining gratification as a public servant.” Essentially, this means he received gifts from others without giving anything in return.
2 charges were under Section 6(a) of the Prevention of Corruption Act, which is more serious as it alleges that he received gifts in exchange for something in return.
1 charge was for obstruction of justice

However, during the trial, the 2 charges under Section 6(a) were amended to fall under Section 165 instead. This means that all 34 charges were now related to “obtaining gratification as a public servant”, with 1 charge remaining for obstruction of justice.

You might be thinking, “Can they just change the charges like that?”

Surprisingly, it’s not uncommon. In the Orchard Towers killing case, for example, 7 people were initially charged with murder, but 6 of them eventually had their charges amended.

5 Proceeded Charges Instead of 35 Charges

Out of the 35 charges, only 5 were proceeded with. Again, you might be wondering, “Can they just pick and choose like bargaining at Queensway Shopping Centre?”

This, too, is not uncommon. For example, in the case of Jover Chew, he faced 29 charges but only 12 were proceeded with. Former tour guide Yang Yin faced a staggering 347 charges, but only 2 key charges were proceeded with in the end.

In Iswaran’s case, 30 charges that didn’t proceed will still be taken into consideration for sentencing, but the main focus will be on the 5 proceeded charges.

But Why the Changes?

We might never know, because the reasons behind the amended charges and the decision to proceed with only 5 charges are known only to Iswaran, his legal team, and the prosecution.

There could be various factors at play, such as the prosecution’s strategy, the strength of the case, lack of evidence, or even a plea bargain between the prosecution and the defense. However, the details of such negotiations are usually not made public.

Heck, this might be what the prosecution wanted all along.

So, what’s next?

The End of Everything?

With the guilty plea, the bulk of the trial on September 24 shifted from Iswaran fighting for his innocence to both sides arguing over the length of his jail term.

The prosecution sought a sentence of six to seven months, while Iswaran’s team argued for no more than eight weeks. The final sentencing is set for October 3.

As for Ong Beng Seng and Lum Kok Seng, the AGC said that they will be making decision on Ong Beng Seng soon, following Iswaran’s conviction.

However, do remember: currently, there are now no “corruption” charges, but just Iswaran taking gifts when he’s not supposed to, so it will be a tad tricky.

You can watch these videos to know more about the initial charges: