Koh Shu Cii Iris v Attorney-General: Judicial Review of Public Prosecutor's Decision to Discontinue Appeal

In Koh Shu Cii Iris v Attorney-General, the High Court of Singapore dismissed an application by Koh Shu Cii Iris for permission to proceed with judicial review against the Attorney-General's decision to discontinue her appeal against the dismissal of her Magistrate's Complaint. The court, presided over by See Kee Oon J, found no arguable case of reasonable suspicion that the Attorney-General's decision was illegal, irrational, or procedurally improper. The application was filed on 14 April 2023 and the judgment was delivered on 17 August 2023.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Application dismissed

1.3 Case Type

Judicial Review

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Judicial review application concerning the Attorney-General's decision to discontinue an appeal against the dismissal of a Magistrate's Complaint. Application dismissed.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Koh Shu Cii IrisApplicantIndividualApplication dismissedLostMohamed Arshad bin Mohamed, Patrick Fernandez
Attorney-GeneralRespondentGovernment AgencyWonWonLim Tze Etsuko, Jiang Ke-Yue

3. Judges

Judge NameTitleDelivered Judgment
See Kee OonJudgeYes

4. Counsels

Counsel NameOrganization
Mohamed Arshad bin MohamedFernandez LLC
Patrick FernandezFernandez LLC
Lim Tze EtsukoAttorney-General’s Chambers
Jiang Ke-YueAttorney-General’s Chambers

4. Facts

  1. The Applicant was investigated for alleged criminal offences and subsequently charged in court.
  2. The police seized the Applicant’s MacBook laptop, her Vivo handphone and an Original Cloud E-mail Disk.
  3. The Applicant asserted legal professional privilege over the material in the Electronic Devices.
  4. The Applicant alleged that the police officers had breached the legal professional privilege review protocol.
  5. The Senior Magistrate dismissed her complaint under s 152(1) of the Criminal Procedure Code 2010 (2020 Rev Ed).
  6. The Respondent conveyed his position that the Applicant’s appeal was legally unsustainable.
  7. The Respondent informed the Supreme Court Registry that he would intervene to discontinue the appeal.

5. Formal Citations

  1. Koh Shu Cii Iris v Attorney-General, Originating Application No 387 of 2023, [2023] SGHC 229

6. Timeline

DateEvent
Magistrate’s Complaint filed
Senior Magistrate examined the Applicant on oath
Notice of appeal filed
Respondent conveyed position that appeal was legally unsustainable
Respondent reiterated that complaint had been properly dismissed
Respondent informed Supreme Court Registry that he would intervene to discontinue the appeal
Application filed
Hearing
Judgment delivered

7. Legal Issues

  1. Illegality
    • Outcome: The court held that the Attorney-General's decision was not illegal.
    • Category: Substantive
    • Sub-Issues:
      • Errors of law
      • Erroneous interpretations of statutes
  2. Irrationality
    • Outcome: The court held that the Attorney-General's decision was not irrational.
    • Category: Substantive
    • Sub-Issues:
      • Taking into account irrelevant considerations
      • Failing to take into account relevant considerations
  3. Procedural Impropriety
    • Outcome: The court held that there was no procedural impropriety in the Attorney-General's decision.
    • Category: Procedural
    • Sub-Issues:
      • Denial of fair hearing
      • Denial of opportunity to correct erroneous decision

8. Remedies Sought

  1. Quashing order
  2. Declaratory relief

9. Cause of Actions

  • Judicial Review

10. Practice Areas

  • Judicial Review

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Jeyaretnam Kenneth Andrew v Attorney-GeneralUnknownYes[2014] 1 SLR 345SingaporeCited for the requirements for the grant of permission to commence judicial review.
Iris Koh Shu Cii v Christopher Koh and othersMagistrate CourtYes[2023] SGMC 2SingaporeCited for the Senior Magistrate’s written grounds of decision dismissing the Applicant's complaint.
Knight Glenn Jeyasingam v Public ProsecutorUnknownYes[1998] 3 SLR(R) 196SingaporeCited for the meaning of a “final order” and held that the test for finality is to see whether the judgment or order finally disposes of the rights of the parties.
Cheong Chun Yin v Attorney-GeneralUnknownYes[2014] 3 SLR 1141SingaporeCited for the principle that declaratory relief is contingent on the grant of permission to apply for a prerogative order.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code 1871 (2020 Rev Ed) s 182Singapore
Penal Code 1871 (2020 Rev Ed) s 187(1)Singapore
Criminal Procedure Code 2010 (2020 Rev Ed) s 152(1)Singapore
Criminal Procedure Code 2010 (2020 Rev Ed) s 151(2)Singapore
Criminal Procedure Code 2010 (2020 Rev Ed) s 374(1)Singapore
Criminal Procedure Code 2010 (2020 Rev Ed) s 423Singapore
Criminal Procedure Code 2010 (2020 Rev Ed) s 376Singapore
Criminal Procedure Code 2010 (2020 Rev Ed) s 401(1)Singapore
Criminal Procedure Code 2010 (2020 Rev Ed) s 400(2)Singapore
Criminal Procedure Code 2010 (2020 Rev Ed) s 400(1)Singapore
Criminal Procedure Code 2010 (2020 Rev Ed) s 11(6)Singapore
Criminal Procedure Code 2010 (2020 Rev Ed) s 11(1)Singapore
Community Mediation Centres Act 1997 s 15Singapore
State Courts Act 1970 (2020 Rev Ed)Singapore
Supreme Court of Judicature Act 1999 (2020 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Judicial review
  • Magistrate’s Complaint
  • Public Prosecutor
  • Legal professional privilege
  • Criminal Procedure Code
  • Illegality
  • Irrationality
  • Procedural impropriety

15.2 Keywords

  • Judicial review
  • Attorney-General
  • Criminal Procedure Code
  • Magistrate's Complaint
  • Singapore High Court

16. Subjects

  • Administrative Law
  • Criminal Procedure
  • Judicial Review

17. Areas of Law

  • Administrative Law
  • Criminal Procedure