Mr Subhas Anandan is a well-known lawyer in the Singapore criminal field. He heads the Criminal Law Department in law firm KhattarWong as a Senior Consultant. Mr Anandan has been in practice for more than 25 years and has come to be synonymous with several of the landmark capital punishment cases, for example the Kallang Body Parts and Took Leng How’s cases. He has also defended clients who were arrested under the Internal Security Act (ISA). As a leading criminal lawyer who is totally committed to the development of criminal law, he was awarded the Legal Eagle Award of 2001 conferred by the Law Society of Singapore. He is also the President of the Association of Criminal Lawyers (ACLS) which aims to promote the interests of criminal law practititioners and to contribute to the development of the criminal law in Singapore.

  1. What drew you to the practice of Criminal Law?

Actually, when I first began to practice I dabbled in many fields and crime was not a major part of my work. I only began to turn my focus to criminal law when I noticed more clients approaching me with cases about petty theft and robbery. The more involved I got in the field, the more exposure I had in the media and from then on I began to attract a growing pool and variety of clients requesting my services as a criminal lawyer. Gradually I found myself being branded a criminal lawyer amongst my colleagues as well.

Criminal law was not something I consciously set out to practice. But the more I delved into the field, the more passionate I found myself feeling. I became convinced this was one field where I could most clearly perceive the change I was affecting in people’s lives.

  1. Are there skills you feel are necessary to succeed in Criminal Law as distinct from other fields of practice in Singapore?

A criminal lawyer has to think very quickly on his feet. When cross-examining witness, he has little awareness of what evidence is going to be forthcoming. This is unlike civil cases where lawyers on each side are armed with affidavits. Your clients may not have the best memory, which means that there is always the potential that something could blind-side you during the proceedings. A criminal lawyer, therefore, has to be adaptable and resilient in the face of such uncertainties.

Passion is crucial. Lawyers in their respective fields have different motivations for entering it, but when it comes to criminal law a passion for the job is necessary to succeed. Without it, some of the hurdles can seem insurmountable. For example, I have some young practitioners with me at the moment and in their work I can glean some of this passion. Nevertheless, I worry whether this will endure in face of comparisons against their compatriots in the corporate field.

This means you need to be prepared to make some sacrifices, both personally and professionally. You might not start off making as much money as your compatriots and not everyone may admire you for the field you have chosen. Personally, you will find yourself making sacrifices when it comes to time for yourself and for your family. I have had to get used to phone calls in the middle of the night from clients. When I have been involved in capital cases, the burden of responsibility it entails can take a great deal out of a person, not just physically but emotionally. I feel you need to have a level of endurance and perseverance unseen in other fields.

  1. Your opinion about the practice of Criminal Law in Singapore as compared to other jurisdictions?

We have a small pool of criminal lawyers in Singapore. Whether this is due to reasons necessarily unique to Singapore is open to debate but I think there are a combination of factors present in our system that can turn off lawyers from practising in this field.

I have always started off with the premise that we as a society must give an accused a fair defence, the best defense possible under our law. The role of criminal lawyers as defence counsel is just as integral as is the role of public prosecutors. There are rights on each end that need to be fought for. However, sometimes the judiciary tends to belittle our role in the system. More disturbing is the perception I have gotten that some judges here approach criminal cases with the attitude that an accused is guilty until proven innocent. The attitude must change.

  1. How has both the field and practice of Criminal Law evolved in Singapore?

When I first started practicing, I could still discern the liberal influence of British law and of Indian decisions in the development of criminal procedure and laws. This ensured a fair amount of room for the rights of the accused to be navigated against the brunt authority of the state.

Then came the abolishment of jury trials. At the same time, the law was beginning to change. Calls were made to reform the law to ensure its applicability and the result of this was the abolishment of appeals to the Privy Council and the reform of the Criminal Procedure Code. I felt the law was being weighted against the rights of the accused. Defence counsel is not to have access to his client’s statements even though the prosecutor is entitled. I have repeatedly argued for the right to counsel while the accused is in detention. I have suggested the accused have the benefit of a magistrate as he pens his statement, especially when it involves a capital charge. These have been denied.

What I have seen of the evolution of the law is the rights of the accused being chipped away without any compelling justifications being proferred in return.

  1. What is the future of Criminal Law in Singapore?

Change is inevitable. If lawyers, especially those from the Association of Criminal Lawyers, raise enough objections about the state of the system, there will have to be movement forward. It helps that there is more publicity on criminal cases now more than ever. Singaporeans are not aware of the vagaries of the system until a loved one is caught. They have a responsibility as well to raise their concerns to their parliamentarians.

I do not think lawyers should give up on change. They just have to bang their heads against the concrete and sooner or later a crack will form.

I do envisage that the system will change for the better. In the young practitioners I am training I observe both a fire and an aptitude to navigate the system that tells me they are going to gradually transform their role into a more effective one. Nevertheless, for any progress to be made, attitudes will have to change.

  1. Your advice to a law student who is interested in the field but is concerned about career advancement and success?

I would say that it is a very challenging profession. You will find yourself knee-deep in the raw and unpleasant aspects of life. It is a heavy responsibility when you undertake the fight for someone’s life.

Start by making a good internship choice. Choose a firm with mentors that will take you to court with them and let you sit in on client meetings. Be open with your views about the case and observe how you take to the environment.

Success in the field entails not just passion. It necessitates intelligence and an aptitude for navigation of the system. Some of this will come from experience but some comes from natural talent.

I have been dedicated to this job because I see my actions affecting change. I have had to make sacrifices along the way, both personally and professionally.

Do I regret entering criminal law?

Not for a minute.

Harpreet is a second year law student and an associate editor of SLR.