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SINGAPORE: On Friday (October 23) the Chief Justice granted Ms. Parti Liyani permission to conduct an investigation into her allegation of misconduct against two prosecutors in her robbery trial.
Ms. Parti has charged Assistant Prosecutors Tan Yanying and Tan Wee Hao with misconduct in handling her trial.
The Indonesian woman was convicted in March last year by a lower court of stealing S $ 34,000 from the former chairman of the Changi Airport Group, Liew Mun Leong, and his family while working for them as a domestic servant. The conviction was overturned by the Superior Court on September 4.
READ: Parti Liyani decides to proceed with the case for the disciplinary investigation of prosecutors
Ms. Parti alleged a “lack of frankness” on the part of the prosecutors in the way they questioned her and in the way they presented their position to the court. As a result, Ms. Parti alleged, she was unfairly interrogated and possibly both she and the court were misled.
There are two steps to consider whether authorization should be granted for such an investigation: first, whether the Chief Justice is convinced that there is a prima facie case and, if so, are there relevant factors for or against the investigation.
The Chief Justice determined that there was a prima facie case of misconduct on the basis of the evidence and that there were no relevant factors against the granting of the license.
READ: Timeline: How former maid Parti Liyani was acquitted of robbing the family of the chairman of the Changi Airport Group
He said that the central consideration in the present case was the need to defend the proper administration of justice and safeguard the integrity of the public service, and the complaint attacked the very heart of the obligations that prosecutors had to the court.
There was an overriding public interest in proving and establishing the validity of the allegations that have been raised, he said.
The court will hear the case and investigate the complaint before submitting a report to the Chief Justice.
If the court does not find a sufficiently serious cause for disciplinary action against prosecutors, the President of the Supreme Court will dismiss the complaint, in accordance with the Law of Legal Profession.
If sufficient cause is found for disciplinary action, the Chief Justice may appoint an attorney and an attorney or legal services officer to request an order to impose penalties on prosecutors.
These include censures, being removed from the list, being prohibited from applying for a practice certificate for a period of up to five years, being fined up to S $ 20,000 or other penalties.
