Raymond Soh Tian Khoon v Public Prosecutor: Application for Disclosure and Witness Recall in Customs Act Charges
Raymond Soh Tian Khoon applied to the High Court of Singapore for the disclosure of a 'delivery list' and the recall of witnesses in his trial for charges under the Customs Act related to dealing with duty-unpaid cigarettes. The High Court, presided over by Aedit Abdullah J, dismissed the motion regarding the recall of witnesses, leaving the issue of disclosure to be resolved between the parties in the trial court. The court emphasized that determinations in criminal trials should be made in open court.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Criminal motion dismissed regarding the recall of witnesses.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for disclosure of a delivery list and recall of witnesses in a case involving Customs Act charges for dealing with duty-unpaid cigarettes.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Motion Opposed | Won | Christopher Ong of Attorney-General’s Chambers Grace Goh Chioa Wei of Attorney-General’s Chambers |
| Raymond Soh Tian Khoon | Applicant | Individual | Motion Dismissed in Part | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Christopher Ong | Attorney-General’s Chambers |
| Grace Goh Chioa Wei | Attorney-General’s Chambers |
| Nathan Edmund | Tan & Pillai |
4. Facts
- The applicant faced trial for dealing with duty-unpaid cigarettes.
- The applicant sought disclosure of a 'delivery list' to prove he was not the purchaser.
- The Prosecution argued the 'delivery list' was inadmissible hearsay.
- The District Judge declined to compel disclosure or recall witnesses.
- The applicant filed a criminal motion in the High Court.
- The Prosecution's case was that the applicant coordinated deliveries of duty-unpaid cigarettes.
5. Formal Citations
- Soh Tian Khoon Raymond v Public Prosecutor, Criminal Motion No 1 of 2019, [2019] SGHC 76
6. Timeline
| Date | Event |
|---|---|
| Ng Seng Kiong pleaded guilty. | |
| Trial heard. | |
| Trial heard. | |
| Ng left the jurisdiction after serving his sentence. | |
| Trial heard. | |
| Trial heard. | |
| Parties to file closing submissions. | |
| Parties to file reply submissions. | |
| Chambers hearing. | |
| Mr. Nathan wrote to the State Courts. | |
| Chambers hearing. | |
| Criminal motion filed. | |
| Chambers hearing; trial verdict postponed. | |
| Hearing date. | |
| Hearing date. | |
| Judgment date. |
7. Legal Issues
- Disclosure of Evidence
- Outcome: The court did not make an order for disclosure, leaving it to the parties to resolve.
- Category: Procedural
- Recall of Witnesses
- Outcome: The court dismissed the application for the recall of witnesses.
- Category: Procedural
8. Remedies Sought
- Order for disclosure of 'delivery list'
- Order for recall of witnesses
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Chye Huey v Public Prosecutor | High Court | Yes | [2007] 2 SLR(R) 106 | Singapore | Cited regarding the High Court's revisionary jurisdiction and when criminal motions should be filed. |
| Ang Poh Chuan v Public Prosecutor | High Court | Yes | [1995] 3 SLR(R) 929 | Singapore | Cited regarding the High Court's revisionary jurisdiction. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Customs Act (Cap 70, 2004 Rev Ed) s 128I(1)(b) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 283 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Delivery list
- Duty-unpaid cigarettes
- Recall of witnesses
- Criminal motion
- Disclosure
- Customs Act
15.2 Keywords
- Criminal Law
- Singapore
- Customs Act
- Disclosure
- Witnesses
- Criminal Procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Procedure | 75 |
| Evidence | 70 |
| Customs Act | 60 |
| Admissibility of evidence | 50 |
| Evidence Law | 40 |
| Adverse inferences | 30 |
| Similar fact evidence | 20 |
| Misuse of Drugs Act | 10 |
16. Subjects
- Criminal Law
- Criminal Procedure
- Evidence