CONFESSIONAL STATEMENTS (Safeguards)

Dr Kanwaljit Soin asked the Minister for Home Affairs, in view of the recent murder case implicating a Thai worker, whether he will identify the existing safeguards that are employed to ensure that confessional statements are recorded voluntarily.

The Parliamentary Secretary to the Minister for Home Affairs (Assoc. Prof. Ho Peng Kee) (for the Minister for Home Affairs): Sir, may I take Questions Nos. 7 and 8 together as they are related to the same subject?

Mr Speaker: All right.

Assoc. Prof. Ho Peng Kee: Dr Kanwaljit Soin asked whether there are safeguards to ensure that confession statements given to Police are recorded voluntarily. Yes, there are safeguards to ensure that there is no abuse of Police powers in Police investigations, including the taking of statements. Let me elaborate.

Firstly, strict criteria are in place for the selection of investigators who record statements. These officers must have proven themselves to be objective and fair in their treatment of accused persons and should have the aptitude for investigations.

Secondly, all investigations are supervised by Chief Investigation Officers and Heads of Investigation in the Police Division, and OC of branches and Heads of Division in the CID. Investigation papers are studied carefully to ensure that the investigations are conducted in a fair and objective manner and that all statements are given voluntarily.

Accused persons are at liberty at any time to complain of assault or ill-treatment to the authorities. In every Police lock up, there is a senior officer tasked to check the lock up routinely and record any complaints from the accused persons. The lock ups are also checked by watch officers and the station sergeant every day. They are also checked by Head, Manpower, Administration and Logistics, regularly. If a prisoner complains of assault, unfair treatment or ill-treatment, it is the duty of the officer who receives the complaint to refer it to his superior for immediate investigation.

While in custody, the accused person can also request for medical attention and on his request will be sent for a medical examination. In addition, accused persons involved in High Court cases are subject to medical examination at Government hospitals before and after the recording of the accused's statement pertaining to the charge. Any complaint of abuse can hence be made to the doctor immediately. This is standard procedure.

All complaints of police abuse are investigated by the Internal Investigation Section (IIS) immediately. IIS, being an independent unit in Police HQ, provides an internal check against Police abuse during investigation.

As Dr Soin's question arose from the recent case of a Thai worker who was acquitted of murder by the court, let me briefly highlight some salient points concerning the case.

The accused, Mr Somporn Chinphakdee, was charged for the murder of another Thai national, who was his room mate, at a worksite at Pasir Ris in March last year. The initial evidence against him was circumstantial. He was found alone with the deceased at the scene of the murder by his colleagues who were playing cards next door at the time. They were alerted to the scene of crime immediately after banging sounds and groans were heard. The accused fled the scene of crime before the arrival of the Police. He was also found subsequently to be in possession of the deceased's passport and gold chain. During the investigation, the accused admitted to the murder and a formal statement was recorded accordingly.

The accused subsequently complained of having been assaulted by the Police on his chest and foot during the recording of the statement. Investigation by the Police's Internal Investigation Section, however, found no evidence to substantiate these allegations.

About eight months after this initial complaint, Somporn further alleged to a Prison doctor that the Police had inflicted pain on him by inserting needles into his arm. This was a new allegation which the Police was not aware of until the time of the trial. The Prison doctor did not report this allegation to the Prison HQ or the Police. Somporn also did not raise it earlier at any of the four separate occasions when he was examined by doctors in relation to the recording of the statements. Why Somporn has remained silent about the needles all this while is known only to him.

In the prosecution's case against the accused, some reliance was placed on the accused's admission to the Police. The Attorney-General has advised that where the prosecution seeks to admit in evidence the confession of an accused person, the law places on the prosecution the burden of proving beyond a reasonable doubt that the confession was made voluntarily. This is a heavy burden of proof. Furthermore, section 122(5) of the Criminal Procedure Code provides, among other things, that "... the court shall refuse to admit any statement ... if the making of the statement appears to the court to have been caused by any inducement, threat or promise having inference to the charge...." In the judgment of Somporn's case, the trial judge stated that "It appeared to me that the accused had been assaulted on March 18th, 1993 whilst he was in police custody." The trial judge did not appear to have made, as it was unnecessary to do so, an express finding that the accused was, in fact, assaulted in the manner alleged.

As the AG's Chambers has already filed notice of appeal against the acquittal of Somporn, it would not be appropriate for me, Sir, to comment further on this matter.

Dr Toh Keng Kiat asked if there would be an enquiry into the allegation of Police abuse. As I have mentioned, all allegations of Police assault are investigated by IIS. In Somporn's case, his initial complaints were promptly looked into. In view of his latest allegation of Police assault using needles, IIS is investigating this new allegation.

We must not let Somporn's case create a wrong impression that allegations of Police abuse are common. It is not common. Last year, for instance, the IIS investigated 94 complaints of Police abuse on suspects. This represents only 0.5% of the 18,000- 19,000 suspects arrested each year. Of these, only 14 cases were substantiated. The 16 errant officers involved have all been dealt with departmentally or even prosecuted in court. This figure represents less than 0.2% of our Police Force which totals over 10,600 officers.

Sir, let me conclude by assuring the House that the Ministry of Home Affairs treats all allegations of Police abuse seriously. Police abuse must never be condoned. If any officer is found to have abused his powers in any way, he faces disciplinary action and even prosecution where appropriate. Public confidence in the integrity and professionalism of our law enforcement agencies is high. It has taken us many years to achieve this. Let me assure this House that the Ministry of Home Affairs will not allow any black sheep to tarnish the image and integrity of any of its departments, especially the Police.

Mr Low Thia Khiang: Sir, will the Ministry of Home Affairs consider requiring the Police to use a camera during interrogation and the taking of statement from a suspect?

Assoc. Prof. Ho Peng Kee: Sir, I am not sure whether that will solve the problem. Because even if we video tape the recording of the statement, it is still open to the accused to say that there was inducement, threat or promise, before the statement was given.

Dr Toh Keng Kiat (Nominated Member): Sir, may I ask the Parliamentary Secretary whether his Ministry will take up the suggestion by a member of the public, who had been in the Police Force before and had served in the IIS, that the IIS be made an independent body?

Assoc. Prof. Ho Peng Kee: Currently, as I have elaborated in my answer, the IIS is independent of the ground units which it is investigating. It comes directly under Police HQ. I think we have to be careful about this because it is natural to say, why not make the IIS independent. But the point is this. The Police Commissioner is given the authority over his men. What comes with this authority will be the powers to ensure that his men do their job properly. If there is any recalcitrant, that person should be punished. I think this should continue. As the commander in chief, he should have that assurance, authority and power. So the bottom line is: do we trust the integrity and the professionalism of the Commissioner of Police? We certainly do. Because if we do not trust him, then he is not the right man for the job.

We have to see this in perspective. As I have mentioned just now, it has been shown by the statistics that the IIS is doing a good job. As Mr Mike Chan himself said in the Forum page of the Straits Times, having been a former investigator, he does not doubt its integrity or professionalism. That there have been cases in the past when investigations have in fact been substantiated, shows that there is no question of cover- up. If there is any breach of rules or wrongdoing, it will be uncovered. It has been uncovered in the past. It will be uncovered in the future. And I think we should allow the IIS to continue doing its job.

Having said this, Sir, the Ministry, of course, is concerned that the IIS should also, in the public eye, be perceived to be doing its job well. Whilst we feel that the IIS should continue to be within the Police set-up, the Ministry has, in fact, begun the process of examining to see how it can be further strengthened.

Dr Kanwaljit Soin: Sir, firstly, would the Parliamentary Secretary consider, instead of making the IIS completely independent, introducing an independent component into the IIS for the public perception that he spoke of? Secondly, in view of the fact that bruises take about 24-48 hours to develop and appear, would the Parliamentary Secretary consider having a medical examination 48 hours after the confessional statement, rather than directly after giving the statement?

Assoc. Prof. Ho Peng Kee: The first question that the Member raises is whether or not we can introduce an independent component. I think we have to look at how the mechanics will operate. We need a unit which will continue to do its work fairly, thoroughly and efficiently. Within the IIS, the investigators are people who know what happens on the ground. In other words, they know what defalcations can take place. And that is why it is important that the input of these well-trained and well-grounded investigators is important. Ultimately, I think the input of the Police and the fact that the findings should be within the control of the Commissioner of Police is very important - to reinforce this element that he is in charge and in control.

In serious cases where assault has been substantiated, the papers are referred to the Attorney-General's Chambers. So there is a reference point and this has happened in the past. As I have mentioned just now, in a case last year, the defendant, a Police officer who was complained against, was, in fact, prosecuted. So it is not a closed door affair.

On the second point, we are open to suggestions, but we have to weigh this very carefully. This has been an established procedure for a long time. It has worked well. As I have mentioned, it is less than 0.5% of cases which have been complained against. Out of 18,000 arrests in a year, 96 complaints have been lodged. Out of these complaints, only 14 have been substantiated out of a total Police Force of 10,600. It is less than 0.2%. I hope we can all see this in perspective. Of course, we should always be open to see how the procedures can be improved. But having used these procedures over such a long time with a proven track record, let us be careful about implementing changes. Any change must be weighed against possible problems that may arise.

Assoc. Prof. Walter Woon (Nominated Member): Sir, firstly, will the Parliamentary Secretary please inform the House, of the 14 cases that were substantiated, what kind of action was taken against the Police officers involved? Secondly, whether any confessions that were extracted in those circumstances were used in prosecutions against the offenders?

Assoc. Prof. Ho Peng Kee: Out of the 14 cases that were substantiated, one was prosecuted and charged in court. He was sentenced to one month imprisonment. The rest were departmentally dealt with.

The range of punishment is very wide. It can vary from a verbal to a written warning, to the defendant appearing before the Police Disciplinary Board. The Board also has a range of powers, including the powers to reprimand and the powers to demote. I do not have the details as to how the 14 cases were dealt with. But given the complexities of each case, I think we can rest assured that the powers available to the IIS and to the Police Force, and how it deals with its Police officers who are subject to such investigations, give it that range where the punishment will fit the crime.

Mr Chia Shi Teck: Sir, the Parliamentary Secretary said that the complaint of the needles only came months later. Actually, it was taken on 16th November 1993 and there was confirmation that there were needles implanted. But the X-rays were lost. Subsequently, at counsel's request, another X-ray was taken on 29th April 1994. How is it that the X-ray could disappear? At the same time, how is it that the needles were not removed from the Thai accused from November right to April 1994?

Assoc. Prof. Ho Peng Kee: The Prison doctor who examined the accused did not inform the Prison HQ of the complaint of Somporn. Admittedly, there was a lapse, in terms of what the doctor should have done. Anyway, we have taken steps to tighten up the procedures.

Mr Chia Shi Teck: My question is: how was it that when the prison knew that there was a needle implanted in November 1993 it lapsed until 29th April 1994 when the counsel asked for another X-ray to be taken and the needle was still inside? Therefore, it shows that there must be some lapse, as you said, and that there should be further investigation.

Assoc. Prof. Ho Peng Kee: Yes, like I said, there was a lapse on the part of the doctor. If the doctor who had examined Somporn and taken the X-ray had informed the Prison HQ about this, then the process would have begun and there would have been an investigation into his allegation. But the assurance is that we have taken steps to ensure that this will not happen again.

Mr Chia Shi Teck: Would the Parliamentary Secretary agree to using camera for serious cases that lead to capital punishment if it is not possible to use camera to record all interrogations? But for serious cases that lead to capital punishment, probably it will be fair to do that.

Assoc. Prof. Ho Peng Kee: In the context of a review, we can consider his suggestion. But I can say that when we take this suggestion we have to look at whether there are gaps. Like I mentioned just now, unless you video-tape everything that goes on from point A to point B, all the way, there will always be an occasion when a person says, "Well, I was threatened during the lapses."

Dr Kanwaljit Soin: Could I ask the Parliamentary Secretary to reconsider the suggestion about the bruises? I do not feel that just because a procedure has been done for many years we can exclude this important medical fact which will only help to make the police appear even more above-board.

Assoc. Prof. Ho Peng Kee: We can consider that.