askST: What is an impeachment application, and how does it work in court?


SINGAPORE – Workers’ Party (WP) chief and Leader of the Opposition Pritam Singh faces two charges over allegedly lying to a parliamentary committee in 2021.

Both charges come under the Parliament (Privileges, Immunities and Powers) Act, which makes it an offence to lie in response to questions posed by Parliament or its committee.

Former WP MP Raeesah Khan had admitted on Nov 1, 2021, that she had misled Parliament on Aug 3 and Oct 4, 2021, when she claimed she had accompanied a sexual assault victim to a police station, where the victim was treated insensitively.

Singh allegedly told Ms Khan to maintain her lie on two separate occasions, according to the prosecution.

On Oct 15, Singh’s lawyer Andre Jumabhoy filed an application to impeach Ms Khan’s credibility as a witness.

He argued that Ms Khan had produced one version of evidence in court, and another in her statement to the police.

The judge has not yet ruled on the impeachment application. The trial is fixed for 16 days until Nov 13.

Lawyers explain the impeachment process, and what it could mean for a case.

1. What is an impeachment application?

Mr Cory Wong, director of Invictus Law Corp, said an impeachment is a process that challenges the credibility of a witness. This is typically done by using the witness’ previous statements to contradict what he had testified in court.

Mr Alexander Woon, provost’s chair at the Singapore University of Social Sciences’ School of Law, said the application for impeachment must follow the procedures set out in the Evidence Act.

He added that this means whoever is filing the application must specify a basis for the impeachment, and cross-examine the witness in reference to those inconsistencies to determine if there are grounds for impeachment.

In the case of impeaching a witness, the judge will first have to be satisfied that there are material inconsistencies before the witness is given the opportunity to explain them.



Source link