Salwant Singh v DPPs: Legal Profession Act - Disciplinary Proceedings
Salwant Singh applied to the High Court of Singapore for leave to investigate three Deputy Public Prosecutors (DPPs) for misconduct under the Legal Profession Act, alleging they fabricated charges against him in 2003. Sundaresh Menon CJ dismissed the application, finding no prima facie case due to the applicant's delay in raising the issue, the lack of evidence supporting the allegations, and the fact that the alleged misconduct did not affect the applicant's conviction or sentence.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Application Dismissed
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for investigation into DPPs' misconduct dismissed. Applicant claimed fabricated charges, but court found no prima facie case due to delay and lack of evidence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Salwant Singh s/o Amer Singh | Applicant | Individual | Application Dismissed | Lost | Salwant Singh of Independent Practitioner |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Salwant Singh | Independent Practitioner |
4. Facts
- The applicant pleaded guilty to five charges of cheating in 2003.
- An additional 760 charges of cheating were taken into consideration for sentencing.
- The applicant's sentence was enhanced to 20 years' preventive detention on appeal.
- The applicant claimed DPPs fabricated charges against him.
- The applicant alleged an inconsistency between the SOF and some TIC charges.
- The applicant claimed he was not in Singapore on the dates of some of the TIC charges.
- The applicant had committed several other offences prior to the 1999 cheating offences.
5. Formal Citations
- Re Salwant Singh s/o Amer Singh, Originating Summons No 171 of 2019, [2019] SGHC 225
6. Timeline
| Date | Event |
|---|---|
| Applicant carried out transactions using EDC terminal | |
| Applicant left Singapore for India | |
| Applicant returned to Singapore | |
| Applicant pleaded guilty to five charges | |
| Sentencing adjourned for preventive detention suitability report | |
| Applicant applied to retract his plea | |
| Applicant filed a second application to retract his plea | |
| Magistrate's Appeal No 115 of 2003 heard | |
| Applicant filed application under the Legal Profession Act | |
| Hearing Date | |
| Judgment Date |
7. Legal Issues
- Misconduct of Legal Service Officers
- Outcome: The court found that a prima facie case of misconduct was not established.
- Category: Substantive
- Sub-Issues:
- Fabrication of charges
- Premeditated and malicious prosecution
- Delay in Bringing Complaint
- Outcome: The court found that the severe delay in bringing the application militated against granting leave to commence an investigation.
- Category: Procedural
8. Remedies Sought
- Investigation into Misconduct
9. Cause of Actions
- Misconduct
- Malicious Prosecution
10. Practice Areas
- Regulatory Law
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Salwant Singh s/o Amer Singh and another case | District Court | Yes | [2003] SGDC 146 | Singapore | Cited for the District Court's sentencing decision. |
| Public Prosecutor v Salwant Singh s/o Amer Singh | High Court | Yes | [2003] 4 SLR(R) 305 | Singapore | Cited for the appeal decision enhancing the applicant's sentence. |
| Salwant Singh s/o Amer Singh v Public Prosecutor | Court of Appeal | Yes | [2005] 1 SLR (R) 632 | Singapore | Cited for the Court of Appeal's decision regarding pre-trial conference notes. |
| Salwant Singh s/o Amer Singh v Public Prosecutor | High Court | Yes | [2008] SGHC 164 | Singapore | Cited for the High Court's decision on the review of detention. |
| Law Society of Singapore v Ravi s/o Madasamy | High Court | Yes | [2015] 3 SLR 1187 | Singapore | Cited for the two-stage inquiry process in misconduct complaints. |
| Law Society of Singapore v Chan Chun Hwee Allan | Court of Three Judges | Yes | [2018] 4 SLR 859 | Singapore | Cited for factors to consider regarding delay in bringing a complaint. |
| Public Prosecutor v Mok Ping Wuen Maurice | High Court | Yes | [1998] 3 SLR(R) 439 | Singapore | Cited for the effect of taking into consideration outstanding offences. |
| Public Prosecutor v UI | Court of Appeal | Yes | [2008] 4 SLR(R) 500 | Singapore | Cited for explanation of the rationale and effect of charges taken into consideration. |
| Public Prosecutor v Rosli bin Yassin | Court of Appeal | Yes | [2013] 2 SLR 831 | Singapore | Cited for the principle of protecting the public in preventive detention. |
| Public Prosecutor v Raffi bin Jelan and Another | High Court | Yes | [2004] SGHC 120 | Singapore | Cited for the rationale of preventive sentencing. |
| Public Prosecutor v Perumal s/o Suppiah | High Court | Yes | [2000] 2 SLR(R) 145 | Singapore | Cited for the distinction between preventive detention and imprisonment. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 82A of the Legal Profession Act (Cap. 161, 2009 Rev Ed) | Singapore |
| Section 420 of the Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| Article 9(2) of the Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) | Singapore |
| Section 148 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| Section 304(2) of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Preventive detention
- TIC charges
- Statement of Facts
- Deputy Public Prosecutors
- Legal Profession Act
- Misconduct
- Extradition
- Alibi
- Prima facie case
15.2 Keywords
- Legal Profession Act
- Disciplinary Proceedings
- Misconduct
- Deputy Public Prosecutor
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Legal Profession Act | 90 |
| Disciplinary Proceedings | 85 |
| Criminal Procedure | 70 |
| Criminal Law | 60 |
| Evidence | 50 |
| Contract Law | 30 |
16. Subjects
- Legal Ethics
- Criminal Law
- Regulatory Law