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System to compensate acquitted persons not being considered
By Lau Joon Nie, Channel NewsAsia | Posted: 25 August 2008 1658 hrs

 
 
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SINGAPORE: Law Minister K Shanmugam said Singapore is currently not considering compensating persons who have been acquitted in criminal cases even after a long trial where considerable resources were involved.

He was responding to questions in parliament on Monday on points made by the Attorney General's Chambers in its letters to a newspaper in May.

Former American football star OJ Simpson was acquitted in a high-profile trial for his wife's murder some ten years ago. But that did not stop her next-of-kin from suing him in a civil case and getting damages.

Citing this example, Mr Shanmugam said that when a person is acquitted in Singapore, it can only mean two scenarios.

He said: "Some who are really innocent and some who get acquitted despite the fact that they actually committed the offence but the prosecution is unable to prove it."

The Minister said Singapore upholds the principle of accused persons being innocent until proven guilty. This was exactly what the Attorney General's Chambers had explained in the letters to the newspaper and is consistent with the government's position.

The questions had followed the case of teacher William Ding who was acquitted of molesting several school boys.

Mr Sin Boon Ann, MP for Tampines GRC said: "What the parties certainly do not want is a flippant prosecution which will result in great costs to the defendant to have to defend his good name."

In his reply, Mr Shanmugam said: "Whatever our prosecution is accused of, it's usually not accused of flippant prosecution. There is provision in our law which provides for compensation should there be malicious prosecution."

MP for Hong Kah GRC, Alvin Yeo, said: "Could I ask whether the Minister is prepared to consider a system of compensation for defendants who are in fact acquitted and whom they consider factually innocent?"

Mr Shanmugam replied: "It raises a number of difficult, complex public policy issues because each time you talk about compensation, it's really the state, the public prosecutor making careful considerations whether to proceed with a case.

“Do you want to add a further layer of checks on his decision-making? The public policy perspective has been not to impose this burden on the Attorney General. It would be too high a burden."

Mr Shanmugam said this is why Singapore is not about to change its system. - CNA/vm








 

 



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