THE LOSS OR DESTRUCTION OF EVIDENCE BY LAW ENFORCEMENT IN SINGAPORE: HOW SHOULD THE COURTS REACT?

Abstract

What are the remedies an Accused person has should the police or prosecution lose or destroy evidence that could potentially acquit him? To date, there has been no case law on how Singapore’s Courts would handle such an issue. Thus, this paper seeks to do three things: (1) review the various positions in other jurisdictions, (2) hypothesise the position that the Singapore courts are likely to adopt, and (3) evaluate whether Singapore should indeed adopt such a position.