Parti Liyani proceeding with action against AGC prosecutors for misconduct

She has not left S'pore since Dec. 2016.

Nigel Chua | October 15, 2020, 01:34 PM

Foreign domestic helper Parti Liyani has decided to remain in Singapore to take action against two deputy public prosecutors from the Attorney-General's Chambers (AGC).

The former helper of businessman Liew Mun Leong went to court with her pro bono lawyer Anil Balchandani to open disciplinary proceedings against the prosecutors in her case earlier this year.

Chief Justice Sundaresh Menon previously gave her two weeks to decide on whether she wanted to proceed with this, The Straits Times (ST) reported on Oct. 1.

She has since "resolved to proceed", a spokesperson from the Humanitarian Organisation for Migration Economics (HOME) told Mothership on Oct. 15.

HOME had provided accommodation for Parti while her case was ongoing, since Dec. 2016, and also provided her a bailor for the sum of S$15,000.

Initially considered withdrawing

Continuing with the action will delay to her plans to return to Indonesia and start a food business.

According to ST, the Chief Justice said that Parti had initially considered withdrawing her originating summons as she had not been home to Indonesia for the last four years, and that "she naturally wishes to be able to return as soon as conveniently possible".

On the other hand, she also believed that the DPPs should answer the allegations she raised.

This hearing was for an originating summons under Section 82A of the Legal Profession Act, which deals with misconduct by legal service officers or non-practising solicitors.

Who are the DPPs?

The two deputy public prosecutors who dealt with Parti's trial are Tan Wee Hao and Tan Yanying.

The duo are now represented by three lawyers from AGC.

What will happen next?

If the Chief Justice grants leave for an investigation to be made into the complaint of misconduct, a disciplinary tribunal would be formed to investigate the complaint.

The tribunal will submit its findings to the Chief Justice.

If it finds that there is "no cause of sufficient gravity for disciplinary action", the Chief Justice will dismiss the complaint.

Possible punishment under Legal Profession Act

If the legal service officer is guilty of misconduct befitting the post as an advocate and solicitor, he or she could be punished.

Being found guilty under the Legal Profession Act could lead to the DPPs being struck off the roll, prohibited from applying to practise law for up to five years, and fined up to S$20,000, among other punishments.

Background

Parti was acquitted fully on Sep. 8 by the High Court of stealing S$34,000 worth of items from former Changi Airport Group chairman Liew.

In Justice Chan Seng Onn's judgment on her acquittal, overturning her conviction in a lower court, he remarked that the prosecution had introduced evidence that was "particularly prejudicial to Ms Parti", as he outlined several issues with the conviction findings and how the case was handled.

A review of Parti's case is ongoing, with the AGC, police and Ministry of Manpower involved in different capacities.

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Top photo by Matthias Ang