SINGAPORE: Lawyers have opined that it is unlikely that Leader of the Opposition and Workers Party (WP) chief Pritam Singh, who faces two charges in court under the Parliament (Privileges, Immunities and Powers) Act, will lose his seat in Parliament.
Mr Singh was charged in court yesterday (19 March) for allegedly committing perjury during the Parliamentary Privileges Committee’s investigation into an incident involving former WP member Raeesah Khan. Mr Singh pleaded not guilty during his court appearance yesterday, and the case is set to proceed to trial.
The Attorney-General’s Chambers (AGC) and the police later issued a joint statement stating that if convicted, Mr Singh may be sentenced to up to three years in prison or fined up to $7,000, or both.
The AGC has confirmed that the prosecution will seek a fine rather than a custodial sentence “based on the evidence presently available and considering the totality of the circumstances.”
Legal experts have weighed in on the implications of the charges, suggesting that even if Mr Singh is found guilty, the maximum penalty for each charge is not substantial enough to make him lose his seat in Parliament.
According to the constitutional amendments passed by the government in 2022, parliamentarians fined S$10,000 or more or imprisoned for more than one year in Singapore or overseas will lose their parliamentary seats. However, the various charges or fines cannot be added together.
This provision in the Constitution prevents individuals who have committed serious crimes from serving as parliamentarians. The maximum fine does not exceed $10,000 in the case of Mr Singh, which means that he may not lose his parliamentary seat.
Speaking to 8World, legal experts noted that factors such as the nature of the offence and Mr Singh’s prior record will also influence the sentencing decision. The final decision on whether Mr Singh is guilty and what action to impose rests with the judge.
The case represents the first time someone has been charged under the Parliament (Privileges, Immunities and Powers) Act. No local precedent exists for a Member of Parliament to be charged with this provision.
One lawyer pointed out that similar cases have occurred in India and the United Kingdom, and since there are no local cases, the parties involved can cite foreign cases to support their arguments.
Another lawyer who spoke to 8World disagreed and said that since this case involves perjury, the judge, the prosecution, and the defence may not need to cite foreign cases as local cases can be cited.
As for whether this case will impact the next election, legal observers anticipate minimal repercussions, as the case has been under investigation for over two years.
Dismissing that the case could be a political opportunity to “fix the opposition,” one lawyer asserted that Mr Singh’s charges underscore the importance of honesty and integrity within Parliament.
The governing party, meanwhile, said it would not seek Mr Singh’s suspension as an MP while legal proceedings are pending.
People’s Action Party organising secretary Grace Fu said, “This is in line with Parliament’s resolution to defer any sanctions in respect of Mr Singh’s, Ms Sylvia Lim’s and Mr Faisal’s respective roles in the matter of former MP Raeesah Khan’s untruth, until after the conclusion of the investigations and criminal proceedings (if any) against Mr Singh.”