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

Before and after his brief time on the stand last week, voices online buzzed about why he might have chosen to testify against Singh and whether he might have refused to be a prosecution witness.

CNA spoke with lawyers who have conducted trials to answer this and other questions about the process of testifying in a criminal trial.

How are witnesses identified?

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

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

Neither the prosecution nor the defense can exclude or “cherry-pick” – using a Singlish term for “reserve” – the other side’s witnesses, he added.

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

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

However, the witness has the right to remain silent if his remarks risk exposing him to a criminal charge, for example.

Anyone questioned by police as part of their investigation could potentially be called as a witness, said Mr Mark Yeo, director of Fortress Law and a former deputy prosecutor.

“In preparing for trial, the prosecution will consider the facts it needs to prove its case beyond a reasonable doubt. It will then consider the type of evidence (whether documentary or oral testimony ) she needs to prove these facts She will then have to decide which witnesses they should call,” he said.

Under the instructions of the prosecution, the investigation office will apply to the court for a summons, which will then be served personally to the witness by the investigation officer, Mr Yeo said.

“This witness will then be ordered to appear in court on 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 summons to a witness. Once served, failure to attend court will constitute a breach of the summons, which is a court order, Mr Yeo said.

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

Senior lawyer Ramesh Tiwary said “no one has a choice” in terms of being a witness, whether for the prosecution or the defense.

“Once you are subpoenaed, you must attend.”

When asked if anyone had ever fled, he replied: “I think at least once there was a witness who, in the middle of his cross-examination, had just returned to his own country.”

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