Impartiality rules; no undue influence allowed in quest for justice in Singapore
By LEE U-WEN
IF you’re in trouble and are considering asking your Member of Parliament to write to the courts in the hope of being let off, think again.
There is no ‘magic’ in doing so, and going to your MP or grassroots leader will actually do little to help your chances, says Attorney-General Walter Woon.
‘Some people have this odd impression that you have a higher chance if you get your MP to write in,’ he said during an hour-long lecture-cum-dialogue at the Supreme Court yesterday.
‘But think about it - the higher up the MP, the more careful he or she will be in not even appearing to be trying to influence any decision. Our MPs are very conscious that they could be accused of abusing their powers.’
Prof Woon, 52, was addressing some 270 lawyers, diplomats and academics as he delivered the inaugural Association of Criminal Lawyers of Singapore annual lecture.
He was speaking on the topic, Prosecutorial Discretion and the Quest for Justice.
Another common misconception that Prof Woon, a former Nominated MP himself, was quick to dispel was that the position of attorney-general was part of the country’s ruling political party.
While this may be the case in most Commonwealth countries today, where the AG is a politician, this is not the case in Singapore, he explained.
‘The AG in Singapore is not in political office. Why not? The best reason is that this will ensure that when prosecutions are brought or discontinued, it’s not done so on political party lines. It is a decision made separate from politics,’ he said.
Ultimately, when the decision is made to prosecute someone, the aim is to ‘protect ourselves and our families’ against those who have been proven to have broken the law in one way or another, be they drug traffickers, secret society members or unlicensed moneylenders, among others, said Prof Woon.
‘Singapore is quite unique in world terms. We’ve got the population of New Zealand, but a geographical size smaller than Berlin or London. Very few countries have a denser population than ours. The more densely populated a country is, the more it is necessary to have law and order,’ he said.
‘We have to enforce laws - there’s no point having wonderful laws if we don’t go out and enforce them.’
While it was ‘not possible’ to prosecute every single person who breaks the law, Prof Woon mapped out three stages that should be considered first before action is taken.
First, the decision to charge someone, if at all. Secondly, what charges should be brought on?
And lastly, should there be an appeal?
Dissecting the role of a prosecutor, Prof Woon said the main scope was to assist the court in coming to a just decision.
‘We don’t get paid extra for every conviction. There is no tally or a ‘Prosecutor of the Year’ award given out depending on how many scalps he’s got. People are not downgraded for losing cases either,’ he said.
‘We are here to help the judge. That’s our function.’
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All are equal under the law, says AG Woon
Impartiality rules; no undue influence allowed in quest for justice in Singapore
By LEE U-WEN
IF you’re in trouble and are considering asking your Member of Parliament to write to the courts in the hope of being let off, think again.
There is no ‘magic’ in doing so, and going to your MP or grassroots leader will actually do little to help your chances, says Attorney-General Walter Woon.
‘Some people have this odd impression that you have a higher chance if you get your MP to write in,’ he said during an hour-long lecture-cum-dialogue at the Supreme Court yesterday.
‘But think about it - the higher up the MP, the more careful he or she will be in not even appearing to be trying to influence any decision. Our MPs are very conscious that they could be accused of abusing their powers.’
Prof Woon, 52, was addressing some 270 lawyers, diplomats and academics as he delivered the inaugural Association of Criminal Lawyers of Singapore annual lecture.
He was speaking on the topic, Prosecutorial Discretion and the Quest for Justice.
Another common misconception that Prof Woon, a former Nominated MP himself, was quick to dispel was that the position of attorney-general was part of the country’s ruling political party.
While this may be the case in most Commonwealth countries today, where the AG is a politician, this is not the case in Singapore, he explained.
‘The AG in Singapore is not in political office. Why not? The best reason is that this will ensure that when prosecutions are brought or discontinued, it’s not done so on political party lines. It is a decision made separate from politics,’ he said.
Ultimately, when the decision is made to prosecute someone, the aim is to ‘protect ourselves and our families’ against those who have been proven to have broken the law in one way or another, be they drug traffickers, secret society members or unlicensed moneylenders, among others, said Prof Woon.
‘Singapore is quite unique in world terms. We’ve got the population of New Zealand, but a geographical size smaller than Berlin or London. Very few countries have a denser population than ours. The more densely populated a country is, the more it is necessary to have law and order,’ he said.
‘We have to enforce laws - there’s no point having wonderful laws if we don’t go out and enforce them.’
While it was ‘not possible’ to prosecute every single person who breaks the law, Prof Woon mapped out three stages that should be considered first before action is taken.
First, the decision to charge someone, if at all. Secondly, what charges should be brought on?
And lastly, should there be an appeal?
Dissecting the role of a prosecutor, Prof Woon said the main scope was to assist the court in coming to a just decision.
‘We don’t get paid extra for every conviction. There is no tally or a ‘Prosecutor of the Year’ award given out depending on how many scalps he’s got. People are not downgraded for losing cases either,’ he said.
‘We are here to help the judge. That’s our function.’
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