Judge addresses defence’s point on Raeesah Khan’s inconsistencies
Justice Chong says when a witness sometimes recites the same evidence repeatedly, judges sometimes hold it against the witness for parroting a statement.
“When a witness says something not entirely consistent, not entirely inconsistent either, it is for the judge to decide how that would impact the witnesses’ overall credibility,” he says.
“That’s the function of the judge.”
But Justice Chong adds that he does not have that privilege to have the witnesses before him and has to look at it based on the transcripts given.
“The question before me is whether the differences were a material that I should doubt Ms Raeesah Khan’s credibility and find that the messages to her aides were entirely false,” he says.
Mr Jumabhoy says that there are differences across her messages and testimonies. The differences refer to what Ms Khan said at different points of time.
He says: “Everyone can see that there are differences, and to pretend that there’s no difference, does a disservice.”
But the judge says the defence cannot ignore the text message that was sent to Ms Loh and Mr Nathan immediately after the Aug 8, 2021, meeting. The defence’s case must be that she lied to her two aides, he adds.
In response, Mr Jumabhoy says: “I won’t go so far to say that. What they wanted to do or what Ms Khan wanted to do was to spare herself the national embarrassment to come out and say that she lied. That would be a reasonable position for her to take for her self-preservation. What we take issue with is subsequently she takes the position to say: ‘This is why I lied’.”