AGC appealing against acquittal of 2 men who were accused of giving bribes to LTA director
The judge found that the conduct of two Corrupt Practices Investigation Bureau officers who interviewed the accused men had rendered their statements unreliable, inaccurate and unsafe to rely on.
by Koh Wan Ting · CNA · JoinSINGAPORE: The prosecution will be appealing against the acquittal of two men formerly charged over bribes to a Land Transport Authority (LTA) director.
The two men, Mr Pay Teow Heng and Mr Pek Lian Guan had each been given a discharge amounting to an acquittal last Friday (Oct 11) after a judge found lapses in the Corrupt Practices Investigation Bureau's (CPIB) statement-taking process.
The Attorney-General's Chambers filed an appeal against the acquittal on Monday after previously telling CNA that it was studying the court’s judgement and will decide on the next course of action afterward.
After a trial, where the two CPIB officers who took Mr Pay and Mr Pek's statements testified, District Judge Soh Tze Bian ruled that the statements were "inaccurate" and "unreliable". He acquitted both men of their respective charges.
Mr Pek, 59, was the CEO and chairman of listed company Tiong Seng Holdings, while Mr Pay, 56, a director of Tiong Seng Contractors. Both had both been charged in July 2020 over alleged bribes to ex-LTA deputy group director Henry Foo Yung Thye.
Mr Pay was accused of giving S$350,000 (US$267,000) to Foo over two occasions in 2017 and 2018 to advance Tiong Seng's business interest with LTA in respect of contracts, while Mr Pek was accused of abetting Mr Pay.
In his verdict, Judge Soh said the main factors he considered included the conduct of the CPIB officers who had recorded the two men's statements.
The investigating officer (IO) who had taken Mr Pay's second statement, Mr Chris Lim, admitted to approaching the interview with a "preconceived notion" that Mr Pay had committed some form of offence.
His approach had been "mischievous and conveniently selective" as he had recorded parts of Mr Pay's statements that could be construed as incriminating, while omitting evidence that could exonerate him. The judge described Mr Lim as having shown a "blatant disregard for the truth" while recording the statement.
The conduct of another IO who recorded Mr Pek's statement had also called into question its accuracy. The IO, known only as Jeffrey in court documents, had used a "cut-and-paste method" to compile the statement.
Mr Pek's statement contained repeated self-incriminating remarks, which the judge thought were "not a faithful representation" of what he had said as it indicated an attempt to emphasise his culpability.
The judge came to a finding that the statement was "more a product of IO Jeffrey's authorship than an accurate account of what Pek actually communicated".
Judge Soh found that the prosecution had failed to prove its case against the two men beyond a reasonable doubt and accordingly acquitted both men.
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