Confessional Statements by Accomplices and CPC Hearsay: An Unhealthy Mix?
Chin Tet Yung
Citation: [2009] Sing JLS 235
The Court of Appeal in Lee Chez Kee (C.A.) handed down a judgment with respect to the law on common intention and hearsay in criminal cases which has already attracted two case notes. This note adds to them by focusing on a particularly thorny issue before the Court, which is the relationship between the two statutory regimes providing for the admissibility of hearsay statements: the Criminal Procedure Code and the Evidence Act, especially section 30. The case is unusual in that the Court rendered dissonant judgments with different outcomes. Choo Han Teck J. concurred with V.K. Rajah J.A.'s analysis that the confessional statements were not admissible, and thought that there was a need for a retrial, given the prejudicial nature of the evidence wrongly admitted. Rajah J.A.'s view was that there was no need for a re-trial as the other evidence was sufficient to establish the guilt of the accused.