SINGAPORE: The Chief Justice on Friday (Oct 23) granted Ms Parti Liyani leave for an investigation to be conducted into her complaint of misconduct against two prosecutors in her theft trial.
Ms Parti has accused Deputy Public Prosecutors Tan Yanying and Tan Wee Hao of misconduct in handling her trial.
AdvertisementAdvertisementThe Indonesian woman was convicted in March last year by a lower court of stealing S$34,000 from ex-Changi Airport Group chairman Liew Mun Leong and his family when she worked for them as a domestic helper. The conviction was overturned by the High Court on Sep 4.
[h=3]READ: Parti Liyani decides to proceed with case for disciplinary inquiry into prosecutors[/h]Ms Parti alleged a "lack of candour" on the part of the prosecutors in the way they cross-examined her, and in the way they presented their position to the court. As a result, alleged Ms Parti, she was cross-examined unfairly and both she and the court were possibly misled.
There are two steps in considering whether to grant leave for such an investigation - first, if the Chief Justice is satisfied that there is a prima facie case, and if so, are there any relevant factors in favour or against the investigation.
AdvertisementAdvertisementThe Chief Justice found that there was a prima facie case of misconduct on the evidence and that there were no relevant factors against the granting of leave.
[h=3]READ: Timeline: How former maid Parti Liyani was acquitted of stealing from Changi Airport Group chairman's family[/h]He said the central consideration in the present case was the need to uphold the proper administration of justice and to safeguard the integrity of the public service, and the complaint struck at the very heart of the obligations which the prosecutors owed to the court.
There was an overriding public interest in testing and establishing the validity of the allegations that have been raised, he said.
AdvertisementThe tribunal will hear the case and investigate the complaint, before submitting a report to the Chief Justice.
If the tribunal finds no cause of sufficient gravity for disciplinary action against the prosecutors, the Chief Justice will dismiss the complaint, according to the Legal Profession Act.
If cause of sufficient gravity for disciplinary action is found, the Chief Justice may appoint an advocate and solicitor or a legal service officer to apply for an order to impose sanctions on the prosecutors.
These include censures, having them struck off the roll, prohibiting them from applying for a practising certificate for up to five years, ordering a penalty of up to S$20,000 or other punishments.
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