Discovery In Criminal Case Study

Discovery in Criminal Cases (disclosure of facts and information/The introduction of a framework)
Discovery is the process of obtaining legally relevant information from opposing parties before a trial.
PREVIOUSLY N PROBLEMS
Previously, there was no formal framework for the discovery in criminal matters in the State Courts. This put the prosecution in an advantageous position as the defence counsel would have to prepare their defence without knowledge of the evidence that could be used against their clients. In some instances, the defence counsel would be taken by surprised in the middle of a trial when the prosecution reveals withheld police statements given by the defendants in order to accuse the defendants of inconsistency. The defence would also generally not be allowed access to the police statements of witnesses giving incriminating evidence against their clients. The Public Prosecutor serves the community and is a representative of the state; he should prosecute criminals with the mind-set that justice should be done instead of winning the case. In his eagerness to bring the criminal to justice, the Public Prosecutor may withhold evidence or statements that would otherwise be beneficial to the accused and this could lead to a wrongful conviction. Former AG Walter Woon has stated that public interest is the reigning consideration when it comes to criminal prosecution, and that cases are only brought to court where the Public Prosecutor is convinced beyond reasonable doubt of an offense. However this may result in the Public Prosecutor being biased and determined to nail the accused whether the accused is really guilty or not.
This can be seen in the case of Muhammad bin Kadar and another v Public Prosecutor
[2011] SGCA 3...

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... SGHC, an accused had asked for an order compelling the prosecution to produce a statement that could have proved his innocence. The court held that there was no statutory obligation for the prosecution to disclose the statement as the prosecution was not going to rely on it.
THOUGHTS
The change in the criminal justice system in Singapore stays true to its mission to try to maintain justice instead of merely looking for someone to convict. The new disclosure framework remains committed to striking the right balance between the rights of society to secure a conviction of a person who has committed an offence and the rights of an individual to be in a position to able to defend himself and secure an acquittal if he were innocent. The only constant in a justice system is change, and as the law change I am certain that we will come closer to achieving the right balance