In light of the recent saga, its important to know that anyone can be charged. Being charged in court is just the first step of the Justice system. The case must be proven in our legal court(s) if the alleged offender does not plead guilty.
Some people has equated being charged and being guilty to be the same. This is far from the truth.
The Prosecutor must prove his case before a Judge on why the alleged offender should be charged and where he has done wrong. The Judge will precede and make a fair assessment and decision on the matter as both perspective/ interpretations by the Prosecutor and Defense are presented along with their factual evidences/ witnesses.
My point is this. Anyone can raise charges, it does not mean that the alleged offender is guilty until the Court define so in the eyes of law.
"Being Charged in Court
When you are charged in Court, the charge setting out the offence alleged to be committed by you will be read and explained to you. This will take place at the Criminal Mentions Court (Court No. 26 or Court No. 23) located at the Subordinate Courts of Singapore, and should occur no longer than 48 hours after your arrest and remand.
You must tell the Court if you are unclear about the charge. If you need an interpreter, ask for one. The Court will provide an interpreter to translate the charge to the language that you can understand.
Each offence alleged to be committed by you will be listed as a separate charge. You can be charged with more than one offence at the same time. One or more persons can also be charged together with you if they are accused of the same offence(s). However, separate charges may be preferred against you.
The charge should contain details of the date, time, place, names of the victims and/or the property involved in the offence alleged.
After the charge is read and explained to you, you will be asked how you wish to plead to the charge. You can choose to (i) plead guilty (i.e. admit to the charge); or (ii) claim trial (i.e. you do not admit to the charge).
Pleading Guilty
If you plead guilty to the charge, you must admit fully to the offence. You must also understand the nature and the consequences of your plea i.e. you must be aware of the minimum and maximum punishments you face under the charge and be prepared to accept whatever punishment the Court may give.
The Prosecuting Officer will read out the Statement of Facts relating to the charge to you. If you do not agree with what is stated in the Statement of Facts, you must tell the Court. The Court will ask you whether you disagree with the Statement of Facts totally or in part. If you disagree with the Statement of Facts on important issues, the Court will not accept your plea of guilt and will direct you to claim trial to the charge.
If you agree fully to the Statement of Facts, the Court will record your plea upon such admission and convict you.
Claiming Trial
If you decide to claim trial to the charge, your case will be fixed for a Pre-Trial Conference. Trial dates will be fixed when all parties are ready for trial. You may also be required to furnish Court bail. (Please see ARREST & BAIL)
At the trial, you will be required by the Court to state your defence (including calling any witnesses and producing any documentary evidence) after the Prosecution has completed its case against you. If you are do not present any defence, you will be found guilty and convicted.
If you are able to raise a reasonable doubt in the Prosecution's case, then you will be acquitted and released immediately. If not, you will be found guilty and convicted. Alternatively, the Court may consider whether your actions warrant conviction under an amended charge. "
Extracted from The Law Society of Singapore
