SINGAPORE: Former Workers’ Party (WP) chief and veteran opposition politician Low Thia Khiang has made headlines after took the stand as a prosecution witness in the trial of his successor, Pritam Singh.

Before and after his brief turn on the stand last week, voices were abuzz online about why he might have chosen to testify against Singh and whether he might have refused to testify for the prosecution.

CNA spoke with trial lawyers to address this and other questions about the process of being a witness in a criminal trial.

How are witnesses identified?

The process begins at the investigation stage, said Mr Anil Balchandani of Red Lion Circle Advocates and Solicitors.

“In criminal matters, usually the police will conduct investigations and identify witnesses,” said Mr Balchandani, known for securing the acquittal of Mrs. Parti Liyanithe former maid of the then Changi Airport Group chairman Liew Mun Leong.

Neither the prosecution nor the defense can exclude or “chop” — using a Singlish term for “backup” — witnesses from the other side, he added.

The police have the power to call witnesses to appear in court under section 21 of the Criminal Procedure Code. If the witness does not appear, a warrant could be issued by a magistrate.

“When questioned by the police, a witness is bound to state truthfully what he knows about the facts and circumstances of the case,” Mr Balchandani said.

However, the witness has the right to remain silent if what he says would expose him to a criminal charge, for example.

Anyone interviewed by the police as part of their investigations could be called as a witness, said Mr Mark Yeo, a director at Fortress Law and a former deputy public prosecutor.

“When preparing for trial, the prosecution would consider what facts they need to prove their case beyond a reasonable doubt. They will then consider what type of evidence (whether documentary or oral testimony) they need to prove those facts. decide which witnesses they should call,” he said.

According to the prosecution’s instructions, the investigating bureau will apply to the court for a summons to appear in court, which is then personally served on the witness by the investigating officer, Mr Yeo said.

“This witness shall then be ordered to appear in court at the date and time specified in the summons.”

Can a person refuse to be called as a witness?

Technically yes, said Ms Harjeet Kaur, senior associate at Withers KhattarWong.

But if the witness refuses, the prosecution or defense can issue a witness subpoena. Once this is served, failure to appear in court will be a breach of the summons, which is a court order, Mr Yeo said.

The court can issue an arrest warrant and the witness is liable for contempt of court.

Veteran lawyer Ramesh Tiwary said “no one has a choice” in being a witness, either for the prosecution or the defence.

“Once you are summoned to participate, you must participate.”

Asked if anyone had ever fled before, he said: “I think at least once, there was a witness who, halfway through the interrogation, just went back to his own country.”

Nothing could be done then as the person was outside the jurisdiction of the Singaporean authorities.