This is an updated copy of the article. I have changed the way the words are phrased. I am also emailing to Infinitus Law Corporation, the lawyers representing SPRING Singapore in the court case, you may find my points useful when you feedback to your client SPRING Singapore. I request politely for Infinitus Law Corporation to be put on my blog's mailing list.
http://lawadventure.blogspot.com/2008/05/dpp-paul-chia-threatened-me-in-private.htmlI was a key defence witness in the case of
PP vs Lim Chin Yen.
Ms Lim Chin Yen
was charged late last year. This trial started late 2007, and is
scheduled to end on 20 June 2008. I testified as a defence witness on
24-25 April 2008. This trial has lasted for so long because there are
over
23 prosecution witnesses &
2 defence witnesses (1 witness being the accused herself).
On 27 May 2007 2:00pm, I was invited to talk with
DPP Paul Chia at the Attorney-General's Chambers's Financial & Securities Offences Office.
CAO Chia Siew Joo
was also present at the meeting & she was the officer responsible
for the invitation. This meeting happened before the accused was
formally charged.
In that fateful meeting,
DPP Paul Chia told me things which I deem to be threatening in nature.
He
wanted me to provide evidence against the accused. Given that I did not
think that she was guilty of anything, I refused to do so as there was
no evidence against the accused (at least no evidence within my domain
of knowledge or experience).
The following was what DPP Paul Chia told me;
DPP Paul Chia, "Mr Yap (
accused's husband) & his wife (
accused) can hire the best lawyer money can buy, but you cannot. So it is better for you to assist me in my case against them"
Note :
At that point of time when this was spoken, I felt that he was telling
me that I would be charged if I did not help him. In my mind, I was
telling myself that if I were charged, I would defend myself in court.
I seriously never expected to be threatened by
DPP Paul Chia.
However, I decided to stay true to what I think to be true. I felt that
I had a duty to my country and I would not allow a threat to lessen the
loyalty and duty I have for my country - My true testimony in the court
of law was what the country required & demanded of me, and no
threat could affect that.
On top of that, I felt that his
comments were defamatory - it was as if he insinuated that I did
something wrong that I could be charged for.
DPP Paul Chia, "This case cannot be settled peacefully, the 2 of them will definitely be charged"
Note
: As this was spoken, I was thinking to myself, "Is this how a law
enforcement officer performs his duties? Why is he so personal in the
case he handles?". I felt the words "cannot be settled peacefully" are
non professional terms that should not have been used in a formal
discussion with a potential witness (prosecution or defence).
It felt like
DPP Paul Chia had a personal vendetta versus
Ms Lim Chin Yen.
DPP Paul Chia,
"In this case, your name will be mentioned in court, and if there is
anything mentioned in court that is detrimental to you, you may be
charged. So do you have any facts that you can offer now before you get
into trouble?"
Note : Another mention at a potential charge on me to get me to distort evidence & facts in favor of
DPP Paul Chia's charge on
Ms Lim Chin Yen. I noticed that in the whole conversation,
DPP Paul Chia already acted as if
Ms Lim Chin Yen was already found guilty - Anyone whose views differed from his, was regarded as a convict.
The
context of the whole discussion was really about to get more "evidence"
to confirm his "suspicion". It was not to investigate on what was the
truth. Besides, what was
DPP Paul Chia doing? Investigation was not within the job scope of a Deputy Public Prosecutor!
Raymond Ng, "Why are you not recording my statement word for word, but only doing it selectively?"
DPP Paul Chia, "I record whatever I like to record"
Note : He conveniently skipped through my factual descriptions and recorded only the things he deemed important.
DPP Paul Chia's
response to me was in my opinion gangster like. In my opinion, I was
asking a legitimate request, whether my statements were wholly and
completely recorded. In return, I got a gangster like response.
Raymond Ng, "Why am I not required to sign and acknowledge any of the statements I made here?"
DPP Paul Chia,
"I am a Deputy Public Prosecutor, I am empowered by the state to be
able to take oral statements without requiring your acknowledgments.
Whatever I say of what you said to me would count in court"
Note : I was really perturbed by this statement. This actually encouraged me to send an email to
DPP Paul Chia &
CAO Chia Siew Joo to detail the things that were discussed.
The fact that there are
23 prosecution witnesses is astounding when you consider that there are only
2 defence witnesses - if you minus off the accused as a witness, there is only
1 defense witness in this case - me.
I
was very concerned and worried over this case. If I had succumbed to
the threat, the defence would be left with no witness at all! The
repurcussions of that would have been astounding - she may be convicted
as a result because there is no fair representation of all facts.
This
case rests on professional, scientific, mathematical, technological
& consulting knowledge that is known to very few people. Any such
representation in a court of law is important for the court to come to
an informed verdict.
The defense counsel of the case,
Mr Spencer Gwee,
told me in private, "If the accused gets acquited, half of it is due to
my testimony as a defense witness". I was not prepared to allow another
innocent citizen to take the blame which she was not guilty for.
I
have decided to take this public only now because I do not want facts
about the case to adversely affect the trial. However, I also do not
want other fellow Singaporeans to fall victim to
DPP Paul Chia.
If
witnesses choose to misrepresent the facts in court because of threats,
the witnesses themselves are guilty of perjury. To make things worse,
the court would not be able to come to an informed verdict.
As a
patriotic Singaporean, I think it is my duty to do what is necessary to
prevent similar things happening to other equally innocent Singaporeans
under trial. I wish to remind all the readers that under our democratic
system, everyone before conviction is regarded as innocent. And if they
were to stand trial, they deserve a fair trial. So let us give all
Singaporeans that.
--
Raymond Ng