Kim Gwang Seok v Public Prosecutor: Video-Link Testimony for Overseas Witnesses in Drug Export Conspiracy Case
In Kim Gwang Seok v Public Prosecutor, the High Court of Singapore addressed a criminal motion by Kim Gwang Seok, who sought permission for five Korean nationals to testify via video-link from Korea in his trial for conspiracy to export diamorphine. The court, presided over by Justice Tay Yong Kwang, dismissed the motion, holding that Singapore law, specifically the Criminal Procedure Code, does not permit overseas witnesses to testify via video-link in criminal proceedings. The court also noted that the personal and financial difficulties cited by the witnesses did not appear insurmountable.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Criminal Motion dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court denied Kim Gwang Seok's motion to allow Korean witnesses to testify via video-link in his drug export conspiracy trial, citing restrictions in Singapore law.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Motion Opposed | Won | |
| Kim Gwang Seok | Applicant | Individual | Motion Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Gordon Oh | Attorney-General’s Chambers |
| Jean Chan | Attorney-General’s Chambers |
| Eunice Ng | Attorney-General’s Chambers |
| Jonathan Wong | Tito Isaac & Co LLP |
| Tito Isaac | Tito Isaac & Co LLP |
4. Facts
- Kim was charged with conspiring to export diamorphine from Singapore to Australia.
- The alleged offence occurred on 30 August 2009.
- Kim claimed he was asked to carry credit card computer chips in shoes.
- Kim stated he and a friend believed he was carrying computer chips, not diamorphine.
- Five Korean nationals were proposed as witnesses to support Kim's claim.
- The Ministry of Foreign Affairs and Trade of Korea agreed to bear the costs of video-link testimony.
- One witness was in custody in Korea, and others cited personal/financial reasons for not traveling.
5. Formal Citations
- Kim Gwang Seok v Public Prosecutor, Criminal Motion No. 88 of 2011/H, [2012] SGHC 51
6. Timeline
| Date | Event |
|---|---|
| Offence committed: Diamorphine export conspiracy. | |
| Criminal Case No. 45 of 2011 filed. | |
| Criminal Motion No. 88 of 2011 filed. | |
| Judgment issued. | |
| Witness (c) expected to deliver first child. |
7. Legal Issues
- Admissibility of Video-Link Testimony from Overseas Witnesses in Criminal Proceedings
- Outcome: The court held that Singapore law does not permit overseas witnesses to testify via video-link in criminal proceedings.
- Category: Procedural
8. Remedies Sought
- Order to allow witnesses to testify via video-link
9. Cause of Actions
- Conspiracy to export diamorphine
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| N/A | High Court | Yes | N/A | Singapore | The Nepalese man involved in the conspiracy pleaded guilty to a non-capital charge and was sentenced. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185) | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Ed) s 364A | Singapore |
| Criminal Procedure Code (2010 Ed) | Singapore |
| Criminal Procedure Code (2010 Ed) s 281(1) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) s 62A(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Video-link testimony
- Diamorphine
- Conspiracy
- Misuse of Drugs Act
- Overseas witnesses
- Criminal Procedure Code
- Evidence Act
15.2 Keywords
- Video-link
- Witness
- Criminal
- Procedure
- Diamorphine
- Singapore
- Korea
- Evidence
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Drug Offences | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 85 |
| Evidence Law | 70 |
| Administrative Law | 30 |
16. Subjects
- Criminal Law
- Criminal Procedure
- Evidence
- Drug Trafficking