Martinez v. Public Prosecutor: Criminal Defamation & Public Prosecutor's Discretion

Marites Dela Cruz Martinez, a Filipina domestic worker, appealed against the acquittal of the second respondent, who she claimed defamed her. The High Court, presided over by Choo Han Teck J, dismissed the appeal, holding that only the Public Prosecutor has the right to appeal an acquittal. The court upheld the Public Prosecutor's discretion to discontinue proceedings, even at the trial stage, and stated that any grievances against the Public Prosecutor's exercise of discretion should be brought under a separate originating action.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal against acquittal in criminal defamation case dismissed. Public Prosecutor's discretion to discontinue proceedings upheld; private person has no right of appeal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Marites Dela Cruz MartinezAppellantIndividualAppeal DismissedLostGlenn Knight
Public ProsecutorRespondentGovernment AgencyNolle Prosequi EnteredNeutralEugene Lee, Kevin Yong
Dr Ashok SegarOtherIndividual
Second respondentRespondentOtherAcquittedWonChen Chee Yen, Rubin Mukkam

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Glenn KnightGlenn Knight
Eugene LeeDeputy Public Prosecutors
Kevin YongDeputy Public Prosecutors
Chen Chee YenTan Rajah & Cheah
Rubin MukkamTan Rajah & Cheah

4. Facts

  1. The appellant, a Filipina domestic worker, believed she was defamed by the second respondent's complaints.
  2. The appellant swore a Magistrate's Complaint against the second respondent for criminal defamation.
  3. The Public Prosecutor intervened during a pre-trial conference and entered a nolle prosequi.
  4. The trial judge discharged and acquitted the second respondent based on the Public Prosecutor's decision.
  5. The appellant appealed against the order of acquittal.

5. Formal Citations

  1. Marites Dela Cruz Martinez v Public Prosecutor and another, Magistrate's Appeal No 367 of 2010 (MSC 1713-1714 of 2010), [2011] SGHC 51

6. Timeline

DateEvent
Magistrate’s Complaint sworn against the second respondent.
Pre-trial conference held; Public Prosecutor entered a nolle prosequi.
Criminal Procedure Code 2010 came into effect.
Appeal dismissed.

7. Legal Issues

  1. Public Prosecutor's Discretion
    • Outcome: The court upheld the Public Prosecutor's discretion to discontinue proceedings.
    • Category: Procedural
    • Sub-Issues:
      • Intervention by Public Prosecutor
      • Nolle prosequi
    • Related Cases:
      • [1999] 1 SLR(R) 616
      • [1988] 2 SLR(R) 110
      • [1960] MLJ 152
  2. Right to Appeal
    • Outcome: The court held that a private person has no right to appeal an acquittal; only the Public Prosecutor can appeal.
    • Category: Procedural
    • Sub-Issues:
      • Private prosecution
      • Appeal against acquittal

8. Remedies Sought

  1. Criminal Prosecution

9. Cause of Actions

  • Criminal Defamation

10. Practice Areas

  • Criminal Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Jasbir Kaur v Mukhtiar SinghN/AYes[1999] 1 SLR(R) 616SingaporeApproved the views of Lai Kew Chai J in Hawa bte Haji Mohamed Hussain v Miranda regarding the interests of the State in criminal matters.
Hawa bte Haji Mohamed Hussain v MirandaN/AYes[1988] 2 SLR(R) 110SingaporeCited for the principle that the interests of the State in a criminal matter are not always the same as those of a complainant.
Ponniah v LimN/AYes[1960] MLJ 152N/ACited for the principle that a complainant may allow private passions and prejudices to creep into the conduct of a criminal appeal.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 1985 Rev Ed)Singapore
Criminal Procedure Code (Cap 68, 1985 Rev Ed)Singapore
Criminal Procedure Code 2010 (Act 15 of 2010)Singapore
Oaths and Declarations Act (Cap 211, 2001 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Nolle prosequi
  • Public Prosecutor's discretion
  • Criminal defamation
  • Right to appeal
  • Private prosecution
  • Acquittal

15.2 Keywords

  • Criminal defamation
  • Public Prosecutor
  • Nolle prosequi
  • Right to appeal
  • Acquittal
  • Singapore High Court

16. Subjects

  • Criminal Procedure
  • Defamation
  • Constitutional Law

17. Areas of Law

  • Criminal Law
  • Criminal Procedure
  • Defamation Law