AGC, Prisons in breach of confidence over letters of 13 death-row inmates

Court of Appeal says oversight by AGC not aimed at seeking advantage in proceedings

- Samuel Devaraj

The Court of Appeal found that the Attorney-General's Chambers (AGC) and Singapore Prison Service (SPS) were in breach of confidence and acted unlawfully over the exchange of a number of letters belonging to 13 death-row inmates.

The court, comprising Chief Justice Sundaresh Menon, Senior Judge Judith Prakash and Justice Steven Chong, affirmed on Oct 11 the importance of a prisoner's ownership over his correspondence and his right, within the bounds of the law, to maintain the confidentiality and privacy of his communications.

In a written judgment, the court noted that the AGC and the SPS, which is under the Ministry of Home Affairs (MHA), have since taken steps to remedy the situation.

The letters were written by 13 prisoners on death row who were seeking damages for unlawful practice, breach of confidence and copyright infringement.

They had filed a civil case against the AGC in July 2021.

The prisoners were mostly drug offenders, but also included former policeman Iskandar Rahmat, who was convicted of the 2013 Kovan double murders of a businessman and his son.

The inmates had sent correspondence to various parties, including the Singapore Police Force and their lawyers.