Four accused say they were entitled to invest church funds in music career of pastor's wife
The long-running City Harvest trial closed yesterday, with four of the accused stressing that there was no wrongful loss suffered by City Harvest Church (CHC).
They said they were entitled legally to invest church funds in the music career of the pastor's wife as it was a church objective.
This was their stand as lawyers on both sides wrapped up their closing submissions on the 140th day of the trial. A verdict will be delivered on Oct 21 by Presiding Judge of the State Courts See Kee Oon.
Senior Counsel N. Sreenivasan, acting for 42-year-old deputy senior pastor Tan Ye Peng, said it was "crystal clear" to church auditors and lawyers that money from CHC's building fund was invested in pop singer Ho Yeow Sun's music career.
"The money that went out came back to the church, with interest," he said, adding that evidence showed the church was allowed to invest in Ms Ho's career.
But whether this investment was an authorised use of the building fund, is a point disputed by the prosecution. Ms Ho is the wife of senior pastor Kong Hee, 51.
Kong, Tan and four others are accused of misappropriating $24 million in CHC's building funds through sham bond investments in music production firm Xtron and glass maker Firna, and of misusing a further $26 million to cover it up.
The four others are former finance managers Serina Wee, 38, and Sharon Tan, 39, and former investment committee members Chew Eng Han, 55, and John Lam, 47. The bonds were used to bankroll Ms Ho's music career. CHC wanted to use her music to spread the Gospel through what it called the Crossover Project.
Wee's lawyer, Senior Counsel Andre Maniam, said it was "very significant" that the prosecution did not dispute that the Crossover Project was in line with church objectives.
"The prosecution says that we are like Robin Hood, trying to justify robbing the rich to give to the poor... Here, it was church funds being used to further church objectives, not taking money from rich to give to poor," said Mr Maniam.
Chew, representing himself, said the funds were invested in Xtron and Firna - which had legal obligations to return the money. But the recoverability of the bonds was based on projections of Ms Ho's unreleased US album - for which his fellow co-accused had to rely on Kong . "For the obvious reason that the one that has the most knowledge and the one that's managing it is Kong Hee himself," said Chew.
He also hit back at the prosecution, who called his evidence incoherent on Monday.
Chew, who has three decades of experience in finance, said: "Just because the prosecution cannot understand my explanation, doesn't mean I've contradicted myself between my evidence-in-chief and submissions. I think they had better go and take some courses in financial markets before they throw insults at me."
Meanwhile, Sharon Tan's lawyer Paul Seah reiterated that his client was "merely a worker taking instructions and carrying them out".
The lawyers for Kong and Lam responded on Monday.
Rounding up the submissions, Deputy Public Prosecutor Mavis Chionh called into question the defence's argument that the accused had acted in good faith.
She asked the court to consider their actions over the years - such as when Kong told CHC executive members in 2007 that the building fund was to be invested to preserve its value, while at the same time, he planned to spend $13 million from it on Ms Ho's music career.
Wednesday, September 16, 2015
Monday, September 14, 2015
Both senior pastors 'are liars and lack credibility' (ST: 15 Sept 2015)
The men, who claim they acted on advice, are not naive, says DPP in closing submissions
The two most senior leaders of City Harvest Church (CHC) are liars and men without credibility, said Deputy Public Prosecutor Mavis Chionh yesterday as she highlighted the contradictions in evidence given by pastors Kong Hee and Tan Ye Peng.
In her closing oral submissions for the long-running trial, Ms Chionh slammed each of the six co-accused's efforts to distance themselves from the alleged crime.
Kong, 50; Tan, 42; and four others are accused of misappropriating $24 million in CHC's building funds through sham bond investments in music production firm Xtron and glass maker Firna, and of misusing a further $26 million to cover it up.
Also facing charges are former finance managers Serina Wee, 38; and Sharon Tan, 39; and former investment committee members Chew Eng Han, 54; and John Lam, 47. The bonds were used to bankroll pop singer Ho Yeow Sun's music career.
CHC wanted to use Ms Ho's music to spread the Gospel through what they called the Crossover Project. Ms Ho is Kong's wife.
Calling Kong a "well-practised liar" with an "utter lack of credibility", Ms Chionh told the court to reject his testimony.
Kong has maintained that he had been acting on the advice of auditors and lawyers as far as the sham bonds were concerned.
"Far from being a mere figurehead... (Kong) was a meticulous and details-oriented leader whose express approval was needed before the bonds could go ahead," said Ms Chionh.
Kong's deputy, Tan, has taken a similar defence. He has told the court that he relied on "advice and blessing" given by auditors and fellow co-accused Chew.
The implicit message was that Tan was a naive man dependent on others to make decisions and was incapable of exercising his own judgment, said Ms Chionh.
"But what this claim entirely neglects is the reality that, at the relevant time, Tan Ye Peng's authority was second only to Kong Hee's in the management of the Crossover," she added.
Ms Chionh also took aim at Sharon Tan's assertions that she too was a "naive church employee", noting that she had helped deceive auditors by altering minutes of church board meetings.
She rubbished the defence's claim that this was a mere failure of corporate governance arising from ignorance. This was absurd, given the sophistication and scale of the church's operations, she said.
"CHC was not some struggling new voluntary outfit run by bumbling amateurs with no experience of the financial world," she said .
She noted too that Lam was the group's "inside man in the church's governance and oversight bodies, preventing these bodies from discovering the sham nature of the bonds". Lam was on the church board and investment committee.
The prosecution also blasted Wee's defence, calling it superficial and a bare denial in the face of the evidence.
Wee's lawyer had said last week that his client acted with "no dishonest intent" and believed the bonds were not a sham.
Ms Chionh, however, said: "(Wee) was arguably the most inextricably involved in all the sham bond and the round-tripping transactions because of the nature of her role as the Crossover administrator."
She also accused Chew of being inconsistent in his defence, adding that his argument in his written submissions that the bonds were investments in Ms Ho's album project was indicative that they were a sham - because they were not investments in the two companies.
Two defence lawyers also responded yesterday.
Lam's lawyer, Senior Counsel Kenneth Tan, said his client had nothing to gain by being a "saboteur" in the committees he was in.
"That's simply incompatible with the Bible, with God and with common sense," said Mr Tan.
Senior Counsel Edwin Tong, who is acting for Kong, also noted that "every single cent" drawn from the bonds went into the Crossover and there was no personal gain by Kong or any of the accused.
The rest of the defence will respond today as the case heads into its final chapter and 140th day.
A DETAILS MAN
Far from being a mere figurehead... (Kong) was a meticulous and details-oriented leader whose express approval was needed before the bonds could go ahead.
MS MAVIS CHIONH, Deputy Public Prosecutor, on Kong Hee's defence
The two most senior leaders of City Harvest Church (CHC) are liars and men without credibility, said Deputy Public Prosecutor Mavis Chionh yesterday as she highlighted the contradictions in evidence given by pastors Kong Hee and Tan Ye Peng.
In her closing oral submissions for the long-running trial, Ms Chionh slammed each of the six co-accused's efforts to distance themselves from the alleged crime.
Kong, 50; Tan, 42; and four others are accused of misappropriating $24 million in CHC's building funds through sham bond investments in music production firm Xtron and glass maker Firna, and of misusing a further $26 million to cover it up.
Also facing charges are former finance managers Serina Wee, 38; and Sharon Tan, 39; and former investment committee members Chew Eng Han, 54; and John Lam, 47. The bonds were used to bankroll pop singer Ho Yeow Sun's music career.
CHC wanted to use Ms Ho's music to spread the Gospel through what they called the Crossover Project. Ms Ho is Kong's wife.
Calling Kong a "well-practised liar" with an "utter lack of credibility", Ms Chionh told the court to reject his testimony.
Kong has maintained that he had been acting on the advice of auditors and lawyers as far as the sham bonds were concerned.
"Far from being a mere figurehead... (Kong) was a meticulous and details-oriented leader whose express approval was needed before the bonds could go ahead," said Ms Chionh.
Kong's deputy, Tan, has taken a similar defence. He has told the court that he relied on "advice and blessing" given by auditors and fellow co-accused Chew.
The implicit message was that Tan was a naive man dependent on others to make decisions and was incapable of exercising his own judgment, said Ms Chionh.
"But what this claim entirely neglects is the reality that, at the relevant time, Tan Ye Peng's authority was second only to Kong Hee's in the management of the Crossover," she added.
Ms Chionh also took aim at Sharon Tan's assertions that she too was a "naive church employee", noting that she had helped deceive auditors by altering minutes of church board meetings.
She rubbished the defence's claim that this was a mere failure of corporate governance arising from ignorance. This was absurd, given the sophistication and scale of the church's operations, she said.
"CHC was not some struggling new voluntary outfit run by bumbling amateurs with no experience of the financial world," she said .
She noted too that Lam was the group's "inside man in the church's governance and oversight bodies, preventing these bodies from discovering the sham nature of the bonds". Lam was on the church board and investment committee.
The prosecution also blasted Wee's defence, calling it superficial and a bare denial in the face of the evidence.
Wee's lawyer had said last week that his client acted with "no dishonest intent" and believed the bonds were not a sham.
Ms Chionh, however, said: "(Wee) was arguably the most inextricably involved in all the sham bond and the round-tripping transactions because of the nature of her role as the Crossover administrator."
She also accused Chew of being inconsistent in his defence, adding that his argument in his written submissions that the bonds were investments in Ms Ho's album project was indicative that they were a sham - because they were not investments in the two companies.
Two defence lawyers also responded yesterday.
Lam's lawyer, Senior Counsel Kenneth Tan, said his client had nothing to gain by being a "saboteur" in the committees he was in.
"That's simply incompatible with the Bible, with God and with common sense," said Mr Tan.
Senior Counsel Edwin Tong, who is acting for Kong, also noted that "every single cent" drawn from the bonds went into the Crossover and there was no personal gain by Kong or any of the accused.
The rest of the defence will respond today as the case heads into its final chapter and 140th day.
A DETAILS MAN
Far from being a mere figurehead... (Kong) was a meticulous and details-oriented leader whose express approval was needed before the bonds could go ahead.
MS MAVIS CHIONH, Deputy Public Prosecutor, on Kong Hee's defence
City Harvest Church not run by ‘bumbling amateurs’ with no financial experience: Prosecutor (CNA: 14 Sept 2015)
SINGAPORE: On the penultimate day of what is set to be a
140-day trial, the prosecution sought to rebuff the closing arguments of
six church leaders delivered last Thursday, calling into question each
accused’s credibility by highlighting “the fundamental flaws” in each of
their cases.
City Harvest Church (CHC) founder Kong Hee and five others are on trial for allegedly misusing S$24 million of church funds to finance the Crossover Project, the church's way of evangelising people through the secular music career of Sun Ho, who is Kong’s wife.
Another S$26.6 million was used to cover up the amount, allegedly through sham bond investments in music production firm Xtron and glass manufacturer Firna, which are owned by CHC supporters.
In court on Monday (Sep 14), Deputy Public Prosecutor Mavis Chionh said that it is a fallacy to feel that a crime committed to further what the perpetrator believes to be a good cause - is not a crime.
KONG A “WELL-PRACTISED LIAR”
DPP Chionh called Kong a “well-practised liar” and criticised him for not being able to “maintain a consistent position on critical factual issues”. Instead, DPP Chionh said, Kong sought to “portray his leadership role in managing CHC as being hands-off, indirect” and when faced with damning evidence, “insulate(d) himself” by attributing his approval for the sham transactions to information given to him by “professionals”.
This “flies in the face of all the evidence” which shows Kong’s “indisputable role” in the Crossover Project, and his being a “meticulous and details-oriented leader … whose express approval was needed before the bonds could go ahead.”
LAM WAS THE "INSIDE MAN"
Each of the accused had a specific role in the conspiracy, “based on their respective skills, experience and leadership positions in the church and the Crossover Project”, DPP Chionh told the court, adding that John Lam, former CHC board member, had a “special role” that none of his co-accused could have fulfilled. The Prosecution also called Lam the “inside man” in CHC’s governance and oversight bodies, who prevented the sham investment bonds from being found out.
TAN “DEEPLY CYNICAL AND SELF-SERVING”
The prosecution called the defence of the third co-accused, CHC finance manager Sharon Tan, “deeply cynical and self-serving”. Her evidence demonstrates her “full participation” in the “planning, execution and subsequent cover-up” of the conspiracy, said DPP Chionh. But she portrayed herself as “a hard-working but naïve church employee” roped in to help with the sham, “in blissful ignorance of any wrongdoing” that her co-accused might have intended.
The prosecution accused Tan of attempting to minimise her involvement in the offences, citing her statement blaming co-accused Chew Eng Han, auditors, lawyers and the church board for her actions.
Tan had previously admitted to falsifying the church board’s minutes of meeting “to create the appearance that the (sham transactions) had been approved" by the board. Tan’s lawyer, Paul Seah, had put this down to “a mere failure of corporate governance” and the inexperience of Tan and the church’s management.
DPP Chionh responded by telling the court that it is “utterly absurd”, considering the sophistication and scale of the church’s operations, including “multi-million dollar financial transactions that (Tan) and her co-accused were involved in.”
“CHC was not some struggling new voluntary outfit run by bumbling amateurs with no experience of the financial world”, DPP Chionh said.
CHEW "INCOHERENT AND LACKS CREDIBILITY"
Chew Eng Han, a former CHC fund manager, argued that the sham investments into Xtron and Firna were actually investments into Ms Ho’s music career, ironically exposing that the bonds were not investments at all. However, he went on to take “multiple positions that are irreconcilable”, saying that the bonds were indeed genuine investments in Xtron and Firna.
DPP Chionh told the court that this shows the “incoherence and the lack of credibility” of Chew’s defence.
TAN’S ROLE IN SHAM INVESTMENT “INDISPENSABLE”
The prosector then went on to criticise Tan Ye Peng’s defence, calling it an attempt to “cast responsibility for any and all” incriminating acts on co-accused Kong and Chew. However, throughout the course of the lengthy trial, the prosecution said that “the evidence … is that (Tan) played an indispensable … role in relation to the sham investment” and noted that Tan’s authority was second only to Kong’s in the management of the Crossover Project.
WEE "THE MOST INEXTRICABLY INVOLVED”
Serina Wee, who DPP Chionh called “the most inextricably involved” in the conspiracy because of her role as the Crossover administrator, had to keep track of the accounts and budgeting for Ms Ho’s music career, which included “monitoring the movement … and planning and monitoring the progress” of the sham transactions.
In closing, DPP Chionh also examined the possible motives of the six accused, and told the court that it is a fallacy to believe that a crime committed to further what the perpetrator considers to be a good cause is not a crime.
“It is completely irrelevant that they did this with the motive of advancing CHC’s interests”, she said.
The last day of the trial is Tuesday (Sep 15), when the defence counsels of the six accused will have time to respond to the prosecution’s closing submissions.
City Harvest Church (CHC) founder Kong Hee and five others are on trial for allegedly misusing S$24 million of church funds to finance the Crossover Project, the church's way of evangelising people through the secular music career of Sun Ho, who is Kong’s wife.
Another S$26.6 million was used to cover up the amount, allegedly through sham bond investments in music production firm Xtron and glass manufacturer Firna, which are owned by CHC supporters.
In court on Monday (Sep 14), Deputy Public Prosecutor Mavis Chionh said that it is a fallacy to feel that a crime committed to further what the perpetrator believes to be a good cause - is not a crime.
KONG A “WELL-PRACTISED LIAR”
DPP Chionh called Kong a “well-practised liar” and criticised him for not being able to “maintain a consistent position on critical factual issues”. Instead, DPP Chionh said, Kong sought to “portray his leadership role in managing CHC as being hands-off, indirect” and when faced with damning evidence, “insulate(d) himself” by attributing his approval for the sham transactions to information given to him by “professionals”.
This “flies in the face of all the evidence” which shows Kong’s “indisputable role” in the Crossover Project, and his being a “meticulous and details-oriented leader … whose express approval was needed before the bonds could go ahead.”
LAM WAS THE "INSIDE MAN"
Each of the accused had a specific role in the conspiracy, “based on their respective skills, experience and leadership positions in the church and the Crossover Project”, DPP Chionh told the court, adding that John Lam, former CHC board member, had a “special role” that none of his co-accused could have fulfilled. The Prosecution also called Lam the “inside man” in CHC’s governance and oversight bodies, who prevented the sham investment bonds from being found out.
TAN “DEEPLY CYNICAL AND SELF-SERVING”
The prosecution called the defence of the third co-accused, CHC finance manager Sharon Tan, “deeply cynical and self-serving”. Her evidence demonstrates her “full participation” in the “planning, execution and subsequent cover-up” of the conspiracy, said DPP Chionh. But she portrayed herself as “a hard-working but naïve church employee” roped in to help with the sham, “in blissful ignorance of any wrongdoing” that her co-accused might have intended.
The prosecution accused Tan of attempting to minimise her involvement in the offences, citing her statement blaming co-accused Chew Eng Han, auditors, lawyers and the church board for her actions.
Tan had previously admitted to falsifying the church board’s minutes of meeting “to create the appearance that the (sham transactions) had been approved" by the board. Tan’s lawyer, Paul Seah, had put this down to “a mere failure of corporate governance” and the inexperience of Tan and the church’s management.
DPP Chionh responded by telling the court that it is “utterly absurd”, considering the sophistication and scale of the church’s operations, including “multi-million dollar financial transactions that (Tan) and her co-accused were involved in.”
“CHC was not some struggling new voluntary outfit run by bumbling amateurs with no experience of the financial world”, DPP Chionh said.
CHEW "INCOHERENT AND LACKS CREDIBILITY"
Chew Eng Han, a former CHC fund manager, argued that the sham investments into Xtron and Firna were actually investments into Ms Ho’s music career, ironically exposing that the bonds were not investments at all. However, he went on to take “multiple positions that are irreconcilable”, saying that the bonds were indeed genuine investments in Xtron and Firna.
DPP Chionh told the court that this shows the “incoherence and the lack of credibility” of Chew’s defence.
TAN’S ROLE IN SHAM INVESTMENT “INDISPENSABLE”
The prosector then went on to criticise Tan Ye Peng’s defence, calling it an attempt to “cast responsibility for any and all” incriminating acts on co-accused Kong and Chew. However, throughout the course of the lengthy trial, the prosecution said that “the evidence … is that (Tan) played an indispensable … role in relation to the sham investment” and noted that Tan’s authority was second only to Kong’s in the management of the Crossover Project.
WEE "THE MOST INEXTRICABLY INVOLVED”
Serina Wee, who DPP Chionh called “the most inextricably involved” in the conspiracy because of her role as the Crossover administrator, had to keep track of the accounts and budgeting for Ms Ho’s music career, which included “monitoring the movement … and planning and monitoring the progress” of the sham transactions.
In closing, DPP Chionh also examined the possible motives of the six accused, and told the court that it is a fallacy to believe that a crime committed to further what the perpetrator considers to be a good cause is not a crime.
“It is completely irrelevant that they did this with the motive of advancing CHC’s interests”, she said.
The last day of the trial is Tuesday (Sep 15), when the defence counsels of the six accused will have time to respond to the prosecution’s closing submissions.
We were acting on advice, say co-accused: City Harvest trial (ST: 11 Sept 2015)
In one of their last chances to prove their innocence, the six
co-accused in the long-running City Harvest trial yesterday tried to
distance themselves from allegations that they had misappropriated $50
million in church funds.
During the case's final oral submissions, Mr Jason Chan, the lawyer for City Harvest Church (CHC) senior pastor Kong Hee, said his client had specifically directed the bond transactions be "okay-ed" by CHC's auditors and lawyers.
Deputy senior pastor Tan Ye Peng, 42, also claimed he was acting on the advice of auditors and fellow church leaders, while the lawyer for former finance manager Serina Wee, 38, said she had acted with no dishonest intent.
Mr Chan said: "No red flags concerning the legal entitlement to use the building fund in such a manner were raised to any of the accused persons."
He added that if 50-year-old Kong truly had "questionable motives" he would not have sought the advice of external experts.
Kong and five others are accused of misappropriating $24 million in CHC's building funds through sham bond investments in music production firm Xtron and glass manufacturer Firna, and allegedly misusing a further $26 million to cover it up.
Also facing charges are former finance manager Sharon Tan, 39, and former investment committee members Chew Eng Han, 54, and John Lam, 47.
The money was used to bankroll pop singer Ho Yeow Sun's music career. CHC wanted to use Ms Ho's music to spread the Gospel - through what they called the Crossover Project.
Ms Ho is Kong's wife.
The prosecution has charged that Kong dishonestly and knowingly used church building funds for purposes other than building-related matters.
But Mr Chan said the church was "legally entitled to invest the building fund" to support the Crossover project as it was a church mission.
Tan's lawyer Senior Counsel N. Sreenivasan agreed, saying it was not for the prosecution to say whether Crossover was an "authorised purpose of the church".
"There is a Chinese saying, 'other people eat noodles, don't say hot, hot'... It cannot be for the prosecution to cobble together a case of unauthorised use," he said.
Mr Sreenivasan also addressed prosecution claims that Tan was trying to cast aside criminal responsibility by saying he had relied on the advice of Kong, Chew and auditors. "All (Tan) said is, 'I'm in Singapore, Kong Hee is in the US, he's running the US side of things, he sends the information to me'."
He added that it was "perfectly okay" to accept Chew's recommendations of bond investments without challenging and probing him because "that's not the way friends and fellow church members behave".
Wee's lawyer Senior Counsel Andre Maniam also pointed out that his client had no dishonest intent.
Citing an e-mail Wee had sent to Firna director Wahju Hanafi, Tan and Chew - that contained a business plan - Mr Maniam said this would not have been done if the Firna bonds were a sham with "no real obligations".
He noted that Mr Hanafi had responded with questions, which Tan had answered. "(Tan) never said, 'Wahju, you know, can you get with the plan? This is all for show... You are not investing in anything. You are just passing money on'," Mr Maniam told the Court.
He added that Tan had answered Mr Hanafi's queries seriously.
Meanwhile, lawyers for both John Lam and Sharon Tan also sought to distance their clients from the alleged crime.
Lam's lawyer Senior Counsel Kenneth Tan said his client was just "honestly trying as a volunteer, to fulfil his responsibilities" as a member of the church board and investment committee.
He said that just because Lam was included in a string of e-mails concerning the Xtron bonds did not mean he had a role in the alleged conspiracy.
"Just because somebody is a party sometimes to a long string of e-mails and is asked a specific question... it doesn't mean that he knows about everything in the (e-mail) chain," said Mr Tan.
Sharon Tan's lawyer Paul Seah also said that his client had no motive to take part in the conspiracy as she had nothing to gain and everything to lose.
"She did not take a cut from the proceeds. She was not going to get a pay rise or an extra bonus for what she did," he said, adding that she was just acting as an employee of the church.
The prosecution will respond to these final submissions on Monday, the 139th day of the trial.
..................................................
NO RED FLAGS
No red flags concerning the legal entitlement to use the building fund in such a manner were raised to any of the accused persons.
MR JASON CHAN, lawyer for City Harvest Church's senior pastor Kong Hee
..................................................
Crossover Project a sham, says former investment manager
The Crossover Project and music career of pop singer Ho Yeow Sun were the real shams, not the bond investments he had designed to support them.
This was how City Harvest Church's former investment manager Chew Eng Han defended himself yesterday in court during his final oral submissions in the long-running trial.
The Crossover Project was the church's plan to use Ms Ho's secular music to spread the Gospel.
The prosecution alleges that $50 million from the church building fund was channelled into sham bond investments, with its misuse covered up. But Chew, 54, who is conducting his own defence, claimed that founding pastor Kong Hee, who is Ms Ho's husband and one of the accused, had "personally gained" from the bond transactions intended to fund the Crossover. Chew highlighted one instance in 2008, where $200,000 from the bonds were transferred to Kong.
He also claimed that the $24 million that CHC invested in bonds from music production firm Xtron and glass manufacturer Firna, were strategised by Kong as a way to fund the Crossover discreetly. This was a response to concerns about the misuse of church funds raised by former churchgoer Roland Poon in 2003. Mr Poon had accused the church of using members' donations to fund Ms Ho's music career.
Chew, who left the church in 2013, had devised the bonds as a means to fund Ms Ho's career through an external party.
"I had a pure frame of mind," he said, adding that what he had done was legal, authorised and in line with market practices.
He pointed out that Xtron, which managed Ms Ho, was legally obliged to repay its debts to the church. The bonds needed to be repaid, otherwise it would constitute misappropriation of funds and a wrongful loss, said Chew.
But Xtron was relying on the proceeds from Ms Ho's English album in order to raise funds.
When the album's release was delayed a few years later, Chew extended the bond maturity to 10 years, from two years previously.
"That's what the prosecution has been doing, taking events which happened one, two, three years later, and saying, 'There you are, you knew the bonds couldn't be repaid. You knew it was a sham," he said.
Citing his three decade-long experience in finance, he said: "In this whole trial, I've said nothing but the truth, Your Honour."
During the case's final oral submissions, Mr Jason Chan, the lawyer for City Harvest Church (CHC) senior pastor Kong Hee, said his client had specifically directed the bond transactions be "okay-ed" by CHC's auditors and lawyers.
Deputy senior pastor Tan Ye Peng, 42, also claimed he was acting on the advice of auditors and fellow church leaders, while the lawyer for former finance manager Serina Wee, 38, said she had acted with no dishonest intent.
Mr Chan said: "No red flags concerning the legal entitlement to use the building fund in such a manner were raised to any of the accused persons."
He added that if 50-year-old Kong truly had "questionable motives" he would not have sought the advice of external experts.
Kong and five others are accused of misappropriating $24 million in CHC's building funds through sham bond investments in music production firm Xtron and glass manufacturer Firna, and allegedly misusing a further $26 million to cover it up.
Also facing charges are former finance manager Sharon Tan, 39, and former investment committee members Chew Eng Han, 54, and John Lam, 47.
The money was used to bankroll pop singer Ho Yeow Sun's music career. CHC wanted to use Ms Ho's music to spread the Gospel - through what they called the Crossover Project.
Ms Ho is Kong's wife.
The prosecution has charged that Kong dishonestly and knowingly used church building funds for purposes other than building-related matters.
But Mr Chan said the church was "legally entitled to invest the building fund" to support the Crossover project as it was a church mission.
Tan's lawyer Senior Counsel N. Sreenivasan agreed, saying it was not for the prosecution to say whether Crossover was an "authorised purpose of the church".
"There is a Chinese saying, 'other people eat noodles, don't say hot, hot'... It cannot be for the prosecution to cobble together a case of unauthorised use," he said.
Mr Sreenivasan also addressed prosecution claims that Tan was trying to cast aside criminal responsibility by saying he had relied on the advice of Kong, Chew and auditors. "All (Tan) said is, 'I'm in Singapore, Kong Hee is in the US, he's running the US side of things, he sends the information to me'."
He added that it was "perfectly okay" to accept Chew's recommendations of bond investments without challenging and probing him because "that's not the way friends and fellow church members behave".
Wee's lawyer Senior Counsel Andre Maniam also pointed out that his client had no dishonest intent.
Citing an e-mail Wee had sent to Firna director Wahju Hanafi, Tan and Chew - that contained a business plan - Mr Maniam said this would not have been done if the Firna bonds were a sham with "no real obligations".
He noted that Mr Hanafi had responded with questions, which Tan had answered. "(Tan) never said, 'Wahju, you know, can you get with the plan? This is all for show... You are not investing in anything. You are just passing money on'," Mr Maniam told the Court.
He added that Tan had answered Mr Hanafi's queries seriously.
Meanwhile, lawyers for both John Lam and Sharon Tan also sought to distance their clients from the alleged crime.
Lam's lawyer Senior Counsel Kenneth Tan said his client was just "honestly trying as a volunteer, to fulfil his responsibilities" as a member of the church board and investment committee.
He said that just because Lam was included in a string of e-mails concerning the Xtron bonds did not mean he had a role in the alleged conspiracy.
"Just because somebody is a party sometimes to a long string of e-mails and is asked a specific question... it doesn't mean that he knows about everything in the (e-mail) chain," said Mr Tan.
Sharon Tan's lawyer Paul Seah also said that his client had no motive to take part in the conspiracy as she had nothing to gain and everything to lose.
"She did not take a cut from the proceeds. She was not going to get a pay rise or an extra bonus for what she did," he said, adding that she was just acting as an employee of the church.
The prosecution will respond to these final submissions on Monday, the 139th day of the trial.
..................................................
NO RED FLAGS
No red flags concerning the legal entitlement to use the building fund in such a manner were raised to any of the accused persons.
MR JASON CHAN, lawyer for City Harvest Church's senior pastor Kong Hee
..................................................
Crossover Project a sham, says former investment manager
The Crossover Project and music career of pop singer Ho Yeow Sun were the real shams, not the bond investments he had designed to support them.
This was how City Harvest Church's former investment manager Chew Eng Han defended himself yesterday in court during his final oral submissions in the long-running trial.
The Crossover Project was the church's plan to use Ms Ho's secular music to spread the Gospel.
The prosecution alleges that $50 million from the church building fund was channelled into sham bond investments, with its misuse covered up. But Chew, 54, who is conducting his own defence, claimed that founding pastor Kong Hee, who is Ms Ho's husband and one of the accused, had "personally gained" from the bond transactions intended to fund the Crossover. Chew highlighted one instance in 2008, where $200,000 from the bonds were transferred to Kong.
He also claimed that the $24 million that CHC invested in bonds from music production firm Xtron and glass manufacturer Firna, were strategised by Kong as a way to fund the Crossover discreetly. This was a response to concerns about the misuse of church funds raised by former churchgoer Roland Poon in 2003. Mr Poon had accused the church of using members' donations to fund Ms Ho's music career.
Chew, who left the church in 2013, had devised the bonds as a means to fund Ms Ho's career through an external party.
"I had a pure frame of mind," he said, adding that what he had done was legal, authorised and in line with market practices.
He pointed out that Xtron, which managed Ms Ho, was legally obliged to repay its debts to the church. The bonds needed to be repaid, otherwise it would constitute misappropriation of funds and a wrongful loss, said Chew.
But Xtron was relying on the proceeds from Ms Ho's English album in order to raise funds.
When the album's release was delayed a few years later, Chew extended the bond maturity to 10 years, from two years previously.
"That's what the prosecution has been doing, taking events which happened one, two, three years later, and saying, 'There you are, you knew the bonds couldn't be repaid. You knew it was a sham," he said.
Citing his three decade-long experience in finance, he said: "In this whole trial, I've said nothing but the truth, Your Honour."
In
one of their last chances to prove their innocence, the six co-accused
in the long-running City Harvest trial yesterday tried to distance
themselves from allegations that they had misappropriated $50 million in
church funds.
During the case's final oral submissions, Mr Jason Chan, the lawyer for City Harvest Church (CHC) senior pastor Kong Hee, said his client had specifically directed the bond transactions be "okay-ed" by CHC's auditors and lawyers.
Deputy senior pastor Tan Ye Peng, 42, also claimed he was acting on the advice of auditors and fellow church leaders, while the lawyer for former finance manager Serina Wee, 38, said she had acted with no dishonest intent.
Mr Chan said: "No red flags concerning the legal entitlement to use the building fund in such a manner were raised to any of the accused persons."
He added that if 50-year-old Kong truly had "questionable motives" he would not have sought the advice of external experts.
Kong and five others are accused of misappropriating $24 million in CHC's building funds through sham bond investments in music production firm Xtron and glass manufacturer Firna, and allegedly misusing a further $26 million to cover it up.
Also facing charges are former finance manager Sharon Tan, 39, and former investment committee members Chew Eng Han, 54, and John Lam, 47.
The money was used to bankroll pop singer Ho Yeow Sun's music career. CHC wanted to use Ms Ho's music to spread the Gospel - through what they called the Crossover Project.
Ms Ho is Kong's wife.
The prosecution has charged that Kong dishonestly and knowingly used church building funds for purposes other than building-related matters.
But Mr Chan said the church was "legally entitled to invest the building fund" to support the Crossover project as it was a church mission.
Tan's lawyer Senior Counsel N. Sreenivasan agreed, saying it was not for the prosecution to say whether Crossover was an "authorised purpose of the church".
"There is a Chinese saying, 'other people eat noodles, don't say hot, hot'... It cannot be for the prosecution to cobble together a case of unauthorised use," he said.
Mr Sreenivasan also addressed prosecution claims that Tan was trying to cast aside criminal responsibility by saying he had relied on the advice of Kong, Chew and auditors. "All (Tan) said is, 'I'm in Singapore, Kong Hee is in the US, he's running the US side of things, he sends the information to me'."
He added that it was "perfectly okay" to accept Chew's recommendations of bond investments without challenging and probing him because "that's not the way friends and fellow church members behave".
Wee's lawyer Senior Counsel Andre Maniam also pointed out that his client had no dishonest intent.
Citing an e-mail Wee had sent to Firna director Wahju Hanafi, Tan and Chew - that contained a business plan - Mr Maniam said this would not have been done if the Firna bonds were a sham with "no real obligations".
He noted that Mr Hanafi had responded with questions, which Tan had answered. "(Tan) never said, 'Wahju, you know, can you get with the plan? This is all for show... You are not investing in anything. You are just passing money on'," Mr Maniam told the Court.
He added that Tan had answered Mr Hanafi's queries seriously.
Meanwhile, lawyers for both John Lam and Sharon Tan also sought to distance their clients from the alleged crime.
Lam's lawyer Senior Counsel Kenneth Tan said his client was just "honestly trying as a volunteer, to fulfil his responsibilities" as a member of the church board and investment committee.
He said that just because Lam was included in a string of e-mails concerning the Xtron bonds did not mean he had a role in the alleged conspiracy.
"Just because somebody is a party sometimes to a long string of e-mails and is asked a specific question... it doesn't mean that he knows about everything in the (e-mail) chain," said Mr Tan.
Sharon Tan's lawyer Paul Seah also said that his client had no motive to take part in the conspiracy as she had nothing to gain and everything to lose.
"She did not take a cut from the proceeds. She was not going to get a pay rise or an extra bonus for what she did," he said, adding that she was just acting as an employee of the church.
The prosecution will respond to these final submissions on Monday, the 139th day of the trial.
NO RED FLAGS
No red flags concerning the legal entitlement to use the building fund in such a manner were raised to any of the accused persons.
MR JASON CHAN, lawyer for City Harvest Church's senior pastor Kong Hee
Crossover Project a sham, says former investment manager
Crossover Project a sham, says former investment manager
The Crossover Project and music career of pop singer Ho Yeow Sun were the real shams, not the bond investments he had designed to support them.
This was how City Harvest Church's former investment manager Chew Eng Han defended himself yesterday in court during his final oral submissions in the long-running trial.
The Crossover Project was the church's plan to use Ms Ho's secular music to spread the Gospel.
The prosecution alleges that $50 million from the church building fund was channelled into sham bond investments, with its misuse covered up. But Chew, 54, who is conducting his own defence, claimed that founding pastor Kong Hee, who is Ms Ho's husband and one of the accused, had "personally gained" from the bond transactions intended to fund the Crossover. Chew highlighted one instance in 2008, where $200,000 from the bonds were transferred to Kong.
He also claimed that the $24 million that CHC invested in bonds from music production firm Xtron and glass manufacturer Firna, were strategised by Kong as a way to fund the Crossover discreetly. This was a response to concerns about the misuse of church funds raised by former churchgoer Roland Poon in 2003. Mr Poon had accused the church of using members' donations to fund Ms Ho's music career.
Chew, who left the church in 2013, had devised the bonds as a means to fund Ms Ho's career through an external party.
"I had a pure frame of mind," he said, adding that what he had done was legal, authorised and in line with market practices.
He pointed out that Xtron, which managed Ms Ho, was legally obliged to repay its debts to the church. The bonds needed to be repaid, otherwise it would constitute misappropriation of funds and a wrongful loss, said Chew.
But Xtron was relying on the proceeds from Ms Ho's English album in order to raise funds.
When the album's release was delayed a few years later, Chew extended the bond maturity to 10 years, from two years previously.
"That's what the prosecution has been doing, taking events which happened one, two, three years later, and saying, 'There you are, you knew the bonds couldn't be repaid. You knew it was a sham," he said.
Citing his three decade-long experience in finance, he said: "In this whole trial, I've said nothing but the truth, Your Honour."
- See more at: http://www.singaporelawwatch.sg/slw/index.php/headlines/69730-we-were-acting-on-advice-say-co-accused-city-harvest-trial#sthash.YoriBw7R.dpuf
During the case's final oral submissions, Mr Jason Chan, the lawyer for City Harvest Church (CHC) senior pastor Kong Hee, said his client had specifically directed the bond transactions be "okay-ed" by CHC's auditors and lawyers.
Deputy senior pastor Tan Ye Peng, 42, also claimed he was acting on the advice of auditors and fellow church leaders, while the lawyer for former finance manager Serina Wee, 38, said she had acted with no dishonest intent.
Mr Chan said: "No red flags concerning the legal entitlement to use the building fund in such a manner were raised to any of the accused persons."
He added that if 50-year-old Kong truly had "questionable motives" he would not have sought the advice of external experts.
Kong and five others are accused of misappropriating $24 million in CHC's building funds through sham bond investments in music production firm Xtron and glass manufacturer Firna, and allegedly misusing a further $26 million to cover it up.
Also facing charges are former finance manager Sharon Tan, 39, and former investment committee members Chew Eng Han, 54, and John Lam, 47.
The money was used to bankroll pop singer Ho Yeow Sun's music career. CHC wanted to use Ms Ho's music to spread the Gospel - through what they called the Crossover Project.
Ms Ho is Kong's wife.
The prosecution has charged that Kong dishonestly and knowingly used church building funds for purposes other than building-related matters.
But Mr Chan said the church was "legally entitled to invest the building fund" to support the Crossover project as it was a church mission.
Tan's lawyer Senior Counsel N. Sreenivasan agreed, saying it was not for the prosecution to say whether Crossover was an "authorised purpose of the church".
"There is a Chinese saying, 'other people eat noodles, don't say hot, hot'... It cannot be for the prosecution to cobble together a case of unauthorised use," he said.
Mr Sreenivasan also addressed prosecution claims that Tan was trying to cast aside criminal responsibility by saying he had relied on the advice of Kong, Chew and auditors. "All (Tan) said is, 'I'm in Singapore, Kong Hee is in the US, he's running the US side of things, he sends the information to me'."
He added that it was "perfectly okay" to accept Chew's recommendations of bond investments without challenging and probing him because "that's not the way friends and fellow church members behave".
Wee's lawyer Senior Counsel Andre Maniam also pointed out that his client had no dishonest intent.
Citing an e-mail Wee had sent to Firna director Wahju Hanafi, Tan and Chew - that contained a business plan - Mr Maniam said this would not have been done if the Firna bonds were a sham with "no real obligations".
He noted that Mr Hanafi had responded with questions, which Tan had answered. "(Tan) never said, 'Wahju, you know, can you get with the plan? This is all for show... You are not investing in anything. You are just passing money on'," Mr Maniam told the Court.
He added that Tan had answered Mr Hanafi's queries seriously.
Meanwhile, lawyers for both John Lam and Sharon Tan also sought to distance their clients from the alleged crime.
Lam's lawyer Senior Counsel Kenneth Tan said his client was just "honestly trying as a volunteer, to fulfil his responsibilities" as a member of the church board and investment committee.
He said that just because Lam was included in a string of e-mails concerning the Xtron bonds did not mean he had a role in the alleged conspiracy.
"Just because somebody is a party sometimes to a long string of e-mails and is asked a specific question... it doesn't mean that he knows about everything in the (e-mail) chain," said Mr Tan.
Sharon Tan's lawyer Paul Seah also said that his client had no motive to take part in the conspiracy as she had nothing to gain and everything to lose.
"She did not take a cut from the proceeds. She was not going to get a pay rise or an extra bonus for what she did," he said, adding that she was just acting as an employee of the church.
The prosecution will respond to these final submissions on Monday, the 139th day of the trial.
NO RED FLAGS
No red flags concerning the legal entitlement to use the building fund in such a manner were raised to any of the accused persons.
MR JASON CHAN, lawyer for City Harvest Church's senior pastor Kong Hee
Crossover Project a sham, says former investment manager
Crossover Project a sham, says former investment manager
The Crossover Project and music career of pop singer Ho Yeow Sun were the real shams, not the bond investments he had designed to support them.
This was how City Harvest Church's former investment manager Chew Eng Han defended himself yesterday in court during his final oral submissions in the long-running trial.
The Crossover Project was the church's plan to use Ms Ho's secular music to spread the Gospel.
The prosecution alleges that $50 million from the church building fund was channelled into sham bond investments, with its misuse covered up. But Chew, 54, who is conducting his own defence, claimed that founding pastor Kong Hee, who is Ms Ho's husband and one of the accused, had "personally gained" from the bond transactions intended to fund the Crossover. Chew highlighted one instance in 2008, where $200,000 from the bonds were transferred to Kong.
He also claimed that the $24 million that CHC invested in bonds from music production firm Xtron and glass manufacturer Firna, were strategised by Kong as a way to fund the Crossover discreetly. This was a response to concerns about the misuse of church funds raised by former churchgoer Roland Poon in 2003. Mr Poon had accused the church of using members' donations to fund Ms Ho's music career.
Chew, who left the church in 2013, had devised the bonds as a means to fund Ms Ho's career through an external party.
"I had a pure frame of mind," he said, adding that what he had done was legal, authorised and in line with market practices.
He pointed out that Xtron, which managed Ms Ho, was legally obliged to repay its debts to the church. The bonds needed to be repaid, otherwise it would constitute misappropriation of funds and a wrongful loss, said Chew.
But Xtron was relying on the proceeds from Ms Ho's English album in order to raise funds.
When the album's release was delayed a few years later, Chew extended the bond maturity to 10 years, from two years previously.
"That's what the prosecution has been doing, taking events which happened one, two, three years later, and saying, 'There you are, you knew the bonds couldn't be repaid. You knew it was a sham," he said.
Citing his three decade-long experience in finance, he said: "In this whole trial, I've said nothing but the truth, Your Honour."
- See more at: http://www.singaporelawwatch.sg/slw/index.php/headlines/69730-we-were-acting-on-advice-say-co-accused-city-harvest-trial#sthash.YoriBw7R.dpuf
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