Prosecution may assert litigation privilege but that is subject to exceptions

16 Oct 2019

In the recent case of PP v Soh Chee Wen and another [2019] SGHC 235, the High Court held that the Prosecution, in criminal proceedings, is entitled to assert litigation privilege. However, that litigation privilege may be subject to a number of exceptions.
 
The Court also held that exceptions to privilege such as the doctrine of implied waiver, the fraud exception and the necessity exception play complementary roles to ensure that the proper balance is achieved between the protection of litigation privilege and fairness to the accused person.

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