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Courts balanced ‘accused’s right with public interest’

In determining the time when an accused person’s right of access to counsel begins, the Ministry of Law (MinLaw) yesterday reiterated that the courts have balanced “the accused person’s right with the public interest in ensuring that the police have sufficient time to thoroughly and effectively investigate a case”.

SINGAPORE — In determining the time when an accused person’s right of access to counsel begins, the Ministry of Law (MinLaw) yesterday (17 Nov)  reiterated that the courts have balanced “the accused person’s right with the public interest in ensuring that the police have sufficient time to thoroughly and effectively investigate a case”.

What constitutes reasonable time would depend on the facts of each case, taking into account the complexities of the case and ensuring that the evidence gathered is sufficient, said MinLaw in a statement, in response to media queries on the case of suspected hacker James Raj, whose lawyer has filed an application for access to client. “Based on past cases, our courts have held that time periods of two weeks and 19 days are reasonable.”

In the case of James Raj, “the issue of what is a reasonable time is to be determined by Justice Choo Han Teck following further submissions by the defence and prosecution. It is thus a matter before the court”, said MinLaw.

Speaking at the sidelines of a community event launching a bursary scheme for kindergarten children of low-income families, Law Minister K Shanmugam also said right of access is “defined by the law” and “is for the judges to rule”.

“What I understand from the ruling is that Mr Raj has been sent for medical observation and, right now, neither the police nor the lawyers have any access and that is the courts’ ruling in the interim period,” he said.

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