Many young lawyers nowadays are often drawn to the legal industry by the grandeur and modern spectacle that the corporate world lends itself to. In contrast, the practice of criminal law is not viewed by young lawyers with the same type of attractiveness. Nevertheless, criminal law forms an integral albeit underrated part of society, with the layman being introduced to both the legal industry and societal issues through his exposure to its practice. As such, this interview has been undertaken with the purpose of shedding light on the inner workings of criminal law in Singapore. Two of Singapore’s leading criminal lawyers, Mr Sunil Sudheesan and Miss Diana Ngaim have obliged us with their informative view on what it means to be a criminal lawyer. MR SUNIL SUDHEESAN Criminal lawyer Mr Sunil Sudheesan is the Head of the Criminal Department at Quahe Woo & Palmer LLP. He handles the entire gamut of criminal law cases including traffic offences, capital cases, corporate crime, drug offences and corruption offences. Sunil has had the privilege of being mentored by the storied Subhas Anandan for more than 10 years since 2004. Consequently, Sunil has been involved in close to 1,000 criminal cases since starting practice. Some notable ones include: • Eu Lim Hoklai v Public Prosecutor [2011] SGCA 16: Secured acquittal in a murder case on appeal to the Court of Appeal. Established defence of grave and sudden provocation and sudden fight. Twthe client was eventually sentenced to 10 years’ imprisonment; • Public Prosecutor v Azman bin Mohamed Sanwan and others [2010] SGHC 196: Appeared as lead counsel for the accused in a capital drug trafficking case in the High Court; • Tan Chor Jin v Public Prosecutor [2008] 4 SLR(R) 306: Assisted in the appeal of the infamous One-eyed Dragon; and • Leong Siew Chor v Public Prosecutor [2006] SGCA 38: Assisted in the trial and appeal of the Kallang Body Parts case. Sunil’s passion is criminal defence litigation. He is currently the Acting President of the Association of Criminal Lawyers of Singapore (“ACLS”). Sunil is actively involved in pro bono work and attends regularly at the ACLS Legal Clinics in Chong Pang and Hougang. He is also a volunteer lawyer with the Criminal Legal Aid Scheme, a non-profit initiative by the Law Society of Singapore to provide legal assistance to needy defendants in criminal cases. For his efforts, Sunil was awarded one of the two Subordinate Courts’ Volunteer of the Year (Advocate and Solicitor category) awards in 2010. Currently, Sunil is one of 3 criminal lawyers assisting in the Enhanced Guidance for Plea Scheme in the State Courts (“EGPS”). Colleague and fellow criminal lawyer Diana Ngiam assists the EGPS together with Sunil.
Sunil is on the panel of Lead Counsel under the Supreme Court’s Legal Assistance Scheme for Capital Offences (“LASCO”). Sunil has handled and assisted with a number of capital trials and appeals to the Court of Appeal under this scheme. Sunil has also sat on a number of joint committees set up by the Ministry of Law and the Attorney-General’s Chambers. Some committees include the committee to reform the law of homicide and the committee on assisting persons with mental disabilities. Sunil is into his second year as a member of the Council of the Law Society of Singapore. He is one of three members placed on the Council by the Ministry of Law. MS DIANA NGIAM Ms Diana Ngiam’s practice is primarily in criminal defence litigation. She handles and assists in matters ranging from road traffic offences, to capital cases, as well as blue-collar and white-collar offences. Diana was admitted to the Singapore Bar in July 2012 and pupilled under Mr. Subhas Anandan, whose values and approach to criminal defence work continue to guide Diana in her practice. Diana has assisted in a wide range of criminal trials and criminal appeals both in the State Courts, the High Court and the Court of Appeal. Diana believes strongly in the need for fair representation as every accused person should be given the chance to have his or her voices heard. Diana is the Secretary of the Association of Criminal Lawyers of Singapore (“ACLS”). As a member of the ACLS, Diana volunteers at the ACLS legal clinics in Chong Pang and Hougang. Diana is also a volunteer lawyer with the Criminal Legal Aid Scheme, an initiative by the Law Society of Singapore. Diana is also on the panel of assisting counsel under the Supreme Court’s Legal Assistance Scheme for Capital Offences (“LASCO”). What do you do as a criminal lawyer? Take us through the process and procedures involved in taking on a case? Sunil: I spend my life bargaining. With the Prosecution, with Judges and with the clients. It is a manipulative exercise to achieve what I feel is the best compromise for all concerned. It is also hard to bargain when you inevitably have the weaker hand. Notions of justice often get thrown out the window because there is so much more at stake than just guilt or innocence. So I have shed my romantic and idealistic notions of justice sometime back and in its place is a healthy sense of scepticism, pragmatism and anger. Conceptually, we look to see what the client’s problems are For more information on Mr Sunil Sudheesan’s and Ms Diana Ngiam’s practice area, please visit <http://www.quahewoo.com/> 1
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