GHI v PUBLIC PROSECUTOR

Case Significance

GHI v Public Prosecutor [2024] SGHC 220 was decided by Vincent Hoong J in the General Division of the High Court, heard on 2 April 2024 and decided on 29 August 2024, in Magistrate's Appeal No 9092 of 2023. The case concerned a criminal appeal and statutory offences under the Penal Code, and the grounds of decision refer to the Criminal Procedure Act, the Criminal Procedure Code, the Evidence Act, the Penal Code and the Youth Justice and Criminal Evidence Act.

In the introduction to the grounds of decision, Vincent Hoong J observed that the overriding aim of the criminal justice system is to ensure that justice is served while balancing the need to protect witnesses and maintain the integrity of the judicial process against the fundamental rights of the accused, and that effective cross-examination elicits evidence without aggressive, repetitive and oppressive questioning. The judgment discusses the use of shielding measures to recalibrate the power dynamics between the accused and the victim in view of the susceptibility of particular victims to harm, noting that such measures may be employed in cases involving alleged victims of a sexual offence or witnesses below 18 years of age, while preserving the presumption that the accused is innocent. The appellant was represented by counsel from Lee Bon Leong & Co, including Jeffrey Beh and Shaun Sim, and the respondent was represented by Timotheus Koh of the Attorney-General's Chambers. The judgment head is truncated and does not state the final disposition of the appeal.