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This is the charge surrounding the Aug 8, 2021 meeting with WP leaders, where Ms Khan confessed to them that she had lied.
If successful and the judge buys the defence’s arguments, this could mean the first charge is dismissed and the case proceeds only on the second charge.
Alternatively, the court may alter the charges or frame a new charge before calling on Singh to give his defence.
The judge will have to make a finding on whether there is some evidence that is “not inherently incredible”, and which satisfies “each and every element” of the charges as framed by the prosecution.
If he finds there is, he will call on Singh to testify and open the case for the defence.
If he finds there is not, he could dismiss the case entirely in an acquittal.
Deputy Principal District Judge Luke Tan asked the defence to file written submissions on there being no case to answer for the first charge by noon on Oct 30.
The prosecution is to put in reply submissions by Nov 2.
Judge Tan also asked both sides to address him on specifics of the charges, as some specific words used in the allegations against Singh as framed in the charges cannot all be found in the excerpts of Singh’s exchange before the COP.
Thereafter, the court will sit again on Nov 5, the first day of the next tranche slated for the trial.
The judge is expected to make his decision then, on whether the prosecution has made out enough of a case for the defence to answer.
If so, he will then call on Singh to testify. If he chooses not to, an adverse inference can be drawn. He has not confirmed officially if he will be testifying, and his lawyers have not confirmed who else they might call as defence witnesses.
There are another seven days slated for the November tranche of the trial.
