Summary of [2024] SGHC 168
Introduction:
This case involves an appeal by the Prosecution against the acquittal of Mr. Lin Haifeng (the Accused) on charges of corruption and falsification of documents. Initially acquitted of all charges, the Prosecution argued that the District Judge (DJ) erred in his decision.
Facts:
- Background:
— The Accused, a Senior Project Manager at Newcon Builders Pte Ltd, oversaw the construction of the Customs Operations Command Complex (COCC) project. He was assisted by Mr. Guo Jiaxun and Mr. Rajendran Thiagarajan.
— Inspections on mechanical construction works were conducted by Mr. Lee Mun Cheng from CPG Consultants Pte Ltd.
Corrupt Scheme:
- The Accused, along with Guo and Rajendran, was involved in a corrupt scheme to allow Lee to claim overtime fees without being present.
- The prosecution argued that the Accused’s agreement to the corrupt scheme was sufficient for liability, even if he was not aware of the specific details.
Charges:
- The Accused faced nine charges under the Prevention of Corruption Act (PCA) and nine charges under the Penal Code (PC) for falsification of documents.
Parties’ Cases:
- Prosecution:
— The Prosecution highlighted the Accused’s role in the scheme and pointed out procedural lapses by the Corrupt Practices Investigation Bureau (CPIB) officers during the recording of statements.
- Accused:
— The Accused challenged the reliability of his confessions and pointed out lapses in the statement recording process by CPIB officers.
Decision Below:
- The DJ initially acquitted the Accused of all charges.
Appeal:
- The Prosecution appealed the acquittal, arguing that the DJ erred in his assessment of the evidence and the reliability of the Accused’s statements.
- High Court Decision:
— The appeal was allowed, and the Accused was convicted on all charges.
— It was determined that procedural lapses during statement recording were not sufficient to discredit the Accused’s confessions.
— The High Court imposed an aggregate sentence of 21 weeks’ imprisonment and a fine of $9,000, with an in-default sentence of nine weeks’ imprisonment.
Conclusion:
The High Court set aside the initial acquittal, convicting the Accused on all charges and imposing a custodial sentence and fine, underscoring the importance of accountability in corrupt practices and procedural adherence in legal processes.
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