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Closed-door disciplinary tribunal hearing against prosecutors in Parti Liyani trial concludes

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The disciplinary tribunal hearing against Deputy Public Prosecutors (DPPs) Tan Wee Hao and Tan Yanying over their conduct in former domestic worker Parti Liyani‘s trial concluded on Wednesday (9 Sep).

The closed-door hearing was originally slated to be held between 6 Sep to 13 Sep. It was, however, noted earlier that the hearing may or may not take up all the days allocated for it.

Ms Parti was represented by lawyers Peter Low and Choo Zheng Xi from Peter Low & Choo LLC. Counsel Anil Balchandani from Red Lion Circle, who represented her in her trial and appeal on a pro bono basis, testified as witness.

The Indonesian national was accused of stealing 114 items worth S$50,856 belonging to her former employer, ex-Changi Airport Group chairman Liew Mun Leong, as well as his family members, namely his son Karl Liew and daughter-in-law Heather Lim Mei Ern and their daughter Liew Cheng May.

Her conviction was overturned by High Court judge, Justice Chan Seng Onn on 4 Sep 2020.

ST previously reported a spokesperson from the Attorney-General’s Chambers (AGC) as saying that Ms Tan has engaged senior counsel Davinder Singh from Davinder Singh Chambers while Mr Tan will be represented by senior counsel Jason Chan from Allen & Gledhill.

The AGC spokesman explained that the DPPs were being represented by lawyers from the bar instead of counsels from the AGC, as the Legal Profession (Disciplinary Tribunal) Rules do not allow state counsels to represent the DPPs.

However, state counsels have been allowed to be present at the proceedings during the leave stage to provide assistance to the Court where appropriate and “enable the DPPs to understand the complaint that was being made against them,” said the spokesman.

Based on what was said, it is likely that AGC is footing the bill for the two top lawyers in Singapore for the disciplinary tribunal hearing.

TOC has written to AGC to confirm if the agency is paying for the two counsels hired to represent their prosecutors, and will include AGC’s response when we receive a reply.

Chief Justice gave green light in Oct 2020 for disciplinary proceedings to commence

In October 2020, Chief Justice Sundaresh Menon gave Ms Parti the green light for her complaint against the two DPP’s to be heard. The Disciplinary Tribunal is appointed by the Chief Justice.

It was reported that Ms Parti’s originating summons was taken out on ex-parte basis, meaning the decision is decided by a judge without requiring all of the parties involved to be present.

This prompted the AGC to seek to be represented at the application hearing.

The AGC also applied to submit court notes related to the case and relevant extracts of evidence given by Ms Parti and other witnesses.

Additionally, it also applied to place extracts from the record of proceedings in the State Courts trial, including relevant extracts of the court notes from part of the appeal hearing on 1 November 2019 by Ms Parti before Justice Chan.

CJ Menon in a written judgement stated — in reference to a Pioneer DVD player Ms Parti was accused of stealing — that Ms Parti “contends that the DPPs had, in their conduct of the trial, concealed material facts and thereby created the false impression that the device was fully functional”.

“She contends that but for the false impression that had been conveyed, she would not have agreed, under cross-examination, that the device was operational.

“On this basis, the DPPs suggested that she had lied about the circumstances in which the device came to be in her possession. However, if she had been apprised of all the facts, there would have been no basis for the DPPs to suggest that she had been lying,” ruled CJ Menon.

High Court earlier dismissed Parti Liyani’s compensation application

Ms Parti had earlier made an application for compensation against the DPPs in her case.

Her application for compensation, made under Section 359(3) of the Criminal Procedure Code, is the first of its kind to have been made in Singapore under this section after it was introduced in 2010.

In dismissing Ms Parti’s application on 21 June, Justice Chan said that Ms Parti had failed to meet the high threshold to prove the assertions made against the Prosecution.

He took the view that the scope covering the Prosecution under Section 359(3) refers to the decision to prosecute and to continue the said prosecution, and does not apply to the conduct of the prosecution during the proceedings.

Even if the DPPs had failed to disclose the functionality of the Pioneer DVD player Ms Parti was accused of stealing, that would only relate to one item of one of the charges.

It is therefore insufficient to prove malice on the part of the DPPs, he reasoned.

Background on Parti Liyani’s trial and appeal

Ms Parti was convicted in Mar 2019 of stealing items belonging to the senior Liew and his family — his son Karl Liew in particular. Ms Parti’s employment was abruptly terminated on 28 Oct 2016.

Mr Liew had asked Mr Karl to oversee Ms Parti’s termination and repatriation process to Indonesia, as the former was abroad at the time.

Prior to being sent back to her home country, Ms Parti was given only three hours to pack her belongings despite having worked for the family for almost nine years.

Mr Liew subsequently reported the purported theft on 30 October the same year after returning to Singapore.

Less than two months later, Ms Parti was arrested at Changi Airport on 2 December upon her return to Singapore.

Ms Parti was charged with stealing items totalling S$50,000.

The amount, however, was reduced to S$34,000 when District Judge Olivia Low removed several items from the charge sheet and reduced the estimated value of certain items, such as knocking down the value of a damaged Gerald Genta watched from S$25,000 to S$10,000.

Judge Low sentenced Ms Parti to two years and two months of jail after removing items from and reducing value on the allegedly stolen items that Mr Anil had successfully disproved in the State Courts hearing.

The prosecution originally sought a three-year jail sentence.

Ms Parti then filed an appeal against the conviction which was heard by Justice Chan Seng Onn.

After three days of hearings between Nov 2019 to August last year, Justice Chan on 4 Sep 2020 ultimately overturned the conviction from the lower court as he finds them unsafe.

In allowing Ms Parti’s appeal against her conviction and jail sentence of two years and two months, the High Court branded the Liew family as having “improper motives” against Ms Parti.

The “improper motives” revolved around Mr Liew and his son Karl Liew’s plans to lodge a police report against her to stop her from notifying MOM regarding the cleaning work she was made to do at Mr Karl’s home at 39 Chancery Lane and his office at Killiney Road.

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Two men acquitted in corruption case involving former LTA director due to unreliable CPIB statements

Two men accused of corruption in relation to a former LTA director were acquitted on 11 October 2024. The trial judge found that statements taken by CPIB officers were unreliable and inaccurate, affecting the credibility of the case.

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Two men accused in a corruption case involving a former deputy group director of the Land Transport Authority (LTA), Henry Foo Yung Thye, were acquitted on 11 October 2024.

The trial judge ruled that the statements taken by the Corrupt Practices Investigation Bureau (CPIB) had been unreliable and inaccurate, resulting in the acquittal of Mr Pay Teow Heng, 56, and Mr Pek Lian Guan, 59. Both had been charged in July 2020 for allegedly bribing Foo to secure business advantages for their company, Tiong Seng Contractors.

District Judge Soh Tze Bian issued a detailed 52-page judgment highlighting the procedural flaws in the case.

He emphasized that the conduct of the CPIB officers responsible for recording statements from Mr Pay and Mr Pek raised significant doubts about the reliability of the evidence against the accused. The judge found that the statements obtained from the two men were “inaccurate, unreliable and unsafe” to rely on, leading to their acquittal on all charges.

The accusations against Mr Pay and Mr Pek centred on two counts, each under the Prevention of Corruption Act

Mr Pay, then the director of Tiong Seng Contractors, was accused of offering S$350,000 in bribes to Henry Foo on two occasions in 2017 and 2018 to advance the company’s interests with the LTA. Mr Pek, the managing director of Tiong Seng Contractors, was accused of aiding Mr Pay in the alleged offences.

On 2 September 2021, Henry Foo was sentenced to 66 months’ imprisonment for corruption. Additionally, a penalty order of S$1,156,250 (in default, 12 months’ imprisonment) was imposed on him.

Issues with the CPIB Investigation

A key factor in the acquittal was the conduct of two CPIB investigating officers (IOs), Chris Lim and another officer identified only as Jeffrey. According to Judge Soh, their methods of recording statements from the accused demonstrated a lack of objectivity and integrity.

Mr Lim, who recorded Mr Pay’s second statement, admitted during the trial that he had approached the interview with a “preconceived notion” of Mr Pay’s guilt.

Judge Soh criticized Mr Lim’s handling of the statement, noting that he retyped the statement with his own wording after Mr Pay suggested amendments. This action left Mr Pay unable to verify whether his changes were accurately reflected, raising questions about the reliability of the statement.

Similarly, IO Jeffrey’s conduct in recording Mr Pek’s first statement was found to be flawed. The judge noted that Jeffrey had used a “cut-and-paste method” to compile the statement, which included repeated self-incriminating remarks.

The judge remarked that the statement seemed more like a “product of IO Jeffrey’s authorship than an accurate account of what Pek actually communicated.” During cross-examination, Jeffrey admitted that he had crafted the statement to suggest that Mr Pek was the originator of the corrupt scheme.

The judge noted: “By IO Jeffrey’s own admission, he drafted Pek’s first statement with the intention to ‘frame’ Pek, focusing almost exclusively on recording information that supported Pek’s culpability, rather than objectively establishing the facts of the case.”

He stated that these actions by the IOs made it unsafe to rely on the statements as evidence of guilt.

Testimony of Key Witness Henry Foo

Another critical aspect of the judgment involved the testimony of Henry Foo, the former LTA official who received the alleged bribes.

Foo, who was called as a prosecution witness, testified that neither Mr Pay nor Mr Pek had requested any favours in return for the loans they extended to him. He maintained that the loans were offered out of goodwill and friendship, rather than as part of a corrupt arrangement.

Judge Soh noted that the prosecution had failed to challenge or impeach Foo’s credibility, making his testimony more reliable in the eyes of the court.

Furthermore, Foo had testified that he pleaded guilty to the charges against him in 2021 not because he believed in his own guilt, but to avoid the prolonged distress of a trial. Judge Soh rejected the prosecution’s argument that Foo’s guilty plea should be seen as an admission of his own corrupt intent and that of Mr Pay and Mr Pek.

Foo was sentenced to five-and-a-half years in prison in September 2021 after being found guilty of accepting S$1.24 million in bribes.

His guilty plea, however, did not directly implicate Mr Pay and Mr Pek in corrupt activities, according to the judge’s assessment.

Outcome and Next Steps

Judge Soh concluded that the prosecution had failed to prove its case against Mr Pay and Mr Pek beyond a reasonable doubt.

As a result, he ordered a discharge amounting to an acquittal for both men, clearing them of all charges.

The Attorney-General’s Chambers (AGC) is currently reviewing the judgment to determine the next course of action, as confirmed by an AGC spokesperson.

Both Mr Pay and Mr Pek had stepped down from their roles at Tiong Seng Holdings after the charges were brought against them in 2020.

Several other individuals, including former directors of other engineering firms, have been sentenced to jail in connection with the corruption scheme involving Henry Foo.

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3 Chinese nationals linked to global cybercrime syndicate face new charges in Singapore

New charges were filed on 8 October against three Chinese nationals linked to an alleged global cybercrime syndicate in Singapore. One suspect faces allegations of receiving S$11.6 million from “Biao Ge,” purportedly used for the upkeep and expenses of the group. The nationals entered Singapore on construction work passes but reportedly did not stay at their registered workplaces.

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SINGAPORE: New charges were tendered on Tuesday (8 October 2024) against three Chinese nationals implicated in an alleged global cybercrime syndicate based in Singapore.

The latest revelations indicate a flow of funds amounting to approximately S$11.6 million (US$8.9 million) dedicated to the upkeep of the group and its connections to South Korea.

As reported by CNA, the court records, charge sheets, and a prior press statement jointly issued by the police and the Internal Security Department (ISD) outline that the trio is part of a larger group of seven men, all Chinese nationals except one Singaporean.

According to a police statement issued on 10 September, The group is accused of operating from a bungalow in Mount Sinai and is believed to be linked to a global syndicate involved in cybercrime activities.

Authorities seized laptops and devices from the suspects, which contained credentials to access Internet servers associated with known hacker groups, stolen data belonging to foreign victims, computer hacking tools exploiting vulnerabilities in Internet servers, and specialised software to control malware.

The Chinese nationals reportedly gained entry into Singapore with work passes intended for construction work but allegedly did not stay at their registered employer’s workplace.

The suspects were apprehended on 9 September in simultaneous island-wide raids conducted by approximately 160 officers from the Singapore Police Force (SPF) and ISD.

The seven accused men are: Sun Jiao, 42, Zhang Qingqiao, 38, Chen Yiren, 42, Yan Peijian, 38, Huang Qin Zheng, 35, Liu Yuqi, 32, and Singaporean Goh Shi Yong, 34. The three men receiving fresh charges on Tuesday are Sun, Zhang, and Chen.

Chen Allegedly Received S$11.6 Million for Criminal Group’s Expenses

Chen’s new charge alleges he received S$11.6 million from an individual known as “Biao Ge”, which he purportedly spent on the rent, upkeep, and expenses of an organised criminal group, including Yan, Huang, Liu, and Sun.

This allegedly covers funding for the Mount Sinai bungalow. Of the total amount, Chen is accused of having “expended” about S$399,000 on 11 occasions between 2022 and 2024, under the Organised Crime Act.

Zhang faces new accusations of abetting two individuals—Lim Clovis Leslie and Lee Kok Leong—to obtain the personal information of unknown individuals on 28 July 2023.

Meanwhile, Sun has been charged with sending a file containing the personal information of 1,055 unknown individuals from South Korea to a WhatsApp chat group on 12 August 2023, while he was in Singapore.

Additionally, he is accused of receiving 772,500 USDT in cryptocurrency from a wallet belonging to co-accused Liu, which allegedly stemmed from criminal conduct.

Suspects Accused of Targeting Websites to Exploit Vulnerabilities and Trade Stolen Personal Data

Previous charges against the suspects depict them as targeting websites to scan for open ports and exploit vulnerabilities, offering to purchase personal information of Indian nationals from gambling websites, and sending a file containing the personal information of 9,369 individuals from Thailand to other parties.

According to a prosecutor’s submissions in unsuccessful bail reviews on 1 October, the Chinese nationals involved are foreigners engaged in syndicated, transnational offences, with amounts involved “in excess of S$1 million”.

The public hearing list indicates that Sun is defended by Mr Hong Qibin, Ms Elaine Cai, and Mr Daniel Chia from Coleman Street Chambers. Yan is represented by Mr Ong Kelvin from Contigo Law, while Chen is defended by Mr Steven John Lam from Templars Law.

Both Huang and Liu are represented by Mr Lee Teck Leng from Legal Clinic.

Zhang is defended by Mr Sunil Sudheesan and Ms Joyce Khoo from Quahe Woo & Palmer, and Goh is represented by Mr Soon Wei Song from Goh JP & Wong.

Sun and Chen are scheduled for bail reviews on 10 October. They have been remanded for approximately a month, while the other five men are set to return to court later this month.

In addition to the main group, two Malaysian men, Seow Gim Shen (42) and Kong Chien Hoi (39)  are facing charges in Singapore for conspiring to supply the personal information of 9,369 individuals from Thailand in a file sent from Singapore. They are expected to plead guilty next week.

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