SINGAPORE - When a father of two children with special needs was charged in November 2021 with helping a loan shark, the prosecution initially sought eight to 12 months’ imprisonment and a $30,000 fine.

However, when public defender Mohamed Sarhan Mohamed Ikhbar was assigned to the case, he wrote to the prosecution and pointed out that the man was not only the family’s breadwinner but also the main caregiver for the children, who were both under 10 years of age. Furthermore, the man had committed the crime only because threats were made against his children. 

Even though the prosecutor agreed to seek a lower jail term of two to four months, Mr Sarhan urged the court to further reduce it, with his client receiving six weeks’ jail and a $30,000 fine. 

Mr Sarhan, 27, told The Straits Times: “I found it very fulfilling because we were able to see how we could assist him further (in the light of) his rather exceptional circumstances. 

“If we had not come on board and if he had been sentenced to a long period of time, what would have happened to his two children?”

His client did not have to pay a cent of legal fees to Mr Sarhan as he is one of about 15 public defenders in the newly minted Public Defender’s Office (PDO), which marked its first year on Dec 1.

ST spoke to three public defenders of varying legal experience on why they chose to join the PDO and the challenges they face serving clients who need it most.

The PDO, a department under the Ministry of Law (MinLaw), covers Singapore citizens and permanent residents up to the 35th income percentile. Clients must also pass a merits test to assess whether they will benefit from representation or have reasonable grounds to defend or appeal against the case.

Public defenders do not cover certain types of offences, including those related to gambling, organised and syndicate crime, and terrorism.

People who are eligible will be assigned a public defender or a pro bono lawyer from the Criminal Legal Aid Scheme (Clas), which is run by registered charity Pro Bono SG.

As at September, the PDO has taken 303 cases to court. MinLaw was unable to provide the figure for the one-year mark. 

The public defenders work in four teams comprising about three lawyers each. Each team is led by a more experienced lawyer and has about 65 to 75 live cases at any one time.

Public defender Joseph Lum, who joined the PDO after about six years in the private sector, where he volunteered as a Clas lawyer, said a typical day consists of attending merits test meetings with potential clients, going for court hearings, speaking to clients in prison or over video link in court, and conducting interviews with potential witnesses and clients.

It sometimes also involves going to police stations to view closed-circuit television footage.

After office hours, the public defenders begin drafting their representations or submissions to the court and doing research. 

They are also at the beck and call of their clients, some of whom come with a “cocktail of problems”, Mr Lum, 34, said. “They come to you with financial problems and legal problems, mental problems, family problems, and sometimes they don’t know how to regulate their own emotions and stress, and they will unleash it on you.”

In an extreme incident, he recalled how one client called him 70 times in an hour past midnight because he was anxious about his case.

He said some clients feel safer being in prison than outside because their needs like food, housing and healthcare are taken care of.

For some of his younger offenders, Mr Lum said: “Their concern is not about how to study to get good grades; their concern is survival.”

Yet, he said, listening to their plight motivates him to want to help them. “(It) does give us the drive to do the work; not that we’re heroes in any way, but because of our education and our position in life, and the help we’ve got along the way, we can help to make a difference.”

His colleague, teacher-turned-prosecutor Vadivalagan Shanmuga, agreed and noted that client management was a key difference between his job as deputy public prosecutor and his current one as a public defender.

To him, being a public defender is a calling, as it requires empathy and emotional intelligence.

“You don’t see the time of day, you just want to ensure that the client who is assigned to you gets the best deal,” said Mr Vadivalagan, 53.

Aside from helping their clients get the best outcomes in the courtroom, the public defenders told ST that they also find meaning in helping their clients get the help they need.

Mr Vadivalagan recalled getting a 16-year-old client F (not his real name) probation after he urged his father and stepmother to better supervise their son together.

“We talked to the parents and told them they have to do this for their child, and highlighted to them that a conducive environment will actually help their child,” he said.

For clients who need more holistic help, Mr Sarhan, who joined the PDO straight out of law school, said public defenders also refer clients to social services, guidance counsellors and other specialists whom their clients may not have known about.

Mr Vadivalagan agreed and added that linking clients up with the right services to intervene can also help offenders break the vicious circle of reoffending.

“The lower echelons of society in Singapore are not a myth, and thanks to the Government through the PDO, the invisible become visible,” he said.

Clas applications plummet following launch of PDO

The number of applications to the charity-run Clas plunged in 2023 following the launch of the PDO.

Mr Tanguy Lim, chief executive of Pro Bono SG (PBSG), which runs Clas, told ST that between January and November, the scheme received 161 applications, a fraction of the 1,200 applications in 2022, 1,473 in 2021 and 1,637 in 2020. Of the 161 applications, 63 passed Clas’ means test.

The figures do not include the cases referred to Clas by PDO, and MinLaw said it was unable to share the number of such cases in 2023.

The PDO processes all applications made by Singaporean and permanent resident applicants, and Mr Lim said about 40 per cent of the cases which are approved for aid by the PDO are assigned to Clas’ volunteer lawyers. 

Noting that the bulk of Clas’ 161 applicants were foreigners, Mr Lim said: “PBSG remains the only organisation in Singapore that renders legal aid in the form of representation to foreigners facing criminal charges.”

He added that Clas continues to play a meaningful role in co-delivering criminal legal aid in Singapore. “This ensures that the bar remains engaged in pro bono criminal work, alongside the representation assistance we render to foreigners.”

In 2015, the Government started co-funding Clas, paying 75 per cent of its operating costs, with the remaining 25 per cent funded through private donations and the Law Society of Singapore (LawSoc).

Minister for Law and Home Affairs K. Shanmugam told Parliament in November that with the PDO, the annual caseload of Clas in 2023 is expected to be lower than in 2022.

Asked if the Government would continue to cover three-quarters of the operating costs of Clas in light of the expected reduced caseload, Minlaw said: “The Government will continue to partner with and support Clas to co-deliver criminal defence aid to applicants who fulfil the means and merits tests.”

Mr Lim noted that Clas adds value to the national legal aid landscape by working with the PDO and sharing its experience. Clas was founded in 1985 by LawSoc and senior lawyers.

Mr Lim said that Clas also continues to help accused persons who are not covered under the national legal aid scheme such as foreigners, or persons facing charges under statutes which are excluded from PDO’s coverage.

“This is in line with our aim of ensuring access to justice for all, regardless of nationality.”