Friday, October 23, 2015

City Harvest Church trial: What the judge said (Today: 23 Oct 2015)

SINGAPORE — Presiding Judge of the State Courts See Kee Oon released his full written judgment grounds for the City Harvest Church trial today (Oct 22), in which he criticised the culture of insecurity that the six convicted former leaders of the mega-church operated under.
CHC founder Kong Hee, his deputy Tan Ye Peng, former church accountant Serina Wee, former church investment manager Chew Eng Han, former finance manager Sharon Tan and former church board member John Lam were found guilty on all of counts of criminal breach of trust and/or falsification of accounts. Here is an excerpt of what the judge said about each of the offenders’ roles and conduct.

Kong Hee, church founder and senior pastor
 


“In my assessment, Kong Hee’s evidence reveals his tendency to lapse readily into embellishment or exaggeration ... He does not appear to dispute that he demonstrates a penchant for hyperbole ... Kong Hee maintains that he is a pastor and not an expert in legality. But one does not need to be an expert in legality to appreciate certain fundamental aspects of honesty, truth and integrity. He maintains that he did not control Xtron, but the weight of the evidence contradicts this claim flatly. He had also previously maintained emphatically that no church funds were ever used (in his own words, ‘not a single cent’) to support Sun Ho’s music career and boost her sales prior to the Roland Poon incident, but this is again flatly contradicted by the evidence that emerged at the trial.”

Tan Ye Peng, deputy senior pastor



“A familiar pattern of Ye Peng’s that emerged during cross-examination was to concede that he ‘did not know how to answer’ the question or that he ‘wasn’t thinking so much about this’ ... They reflected the reality that he was not aware of the full range of details, but also showed the extent of his deference to Kong Hee and Eng Han and his unquestioning trust of his fellow CHC members within the inner circle ... He may have believed he was acting in CHC’s best interests as Kong Hee professed to have done, but I find that he had acted consciously and dishonestly in applying the Building Fund for a wrong use.”

John Lam Leng Hung, former church board member



“I accept that John Lam’s participation and involvement was much less extensive compared with that of the other accused. However, a lesser degree of participation does not immediately absolve him of culpability ... I am persuaded by the evidence and the prosecution’s submission that John Lam performed a special role that none of the conspirators could have fulfilled. He was the “inside man” from within CHC’s trusted inner circle, occupying key positions of financial responsibility as treasurer, finance committee member, investment committee chairman and audit committee member. Working from those positions, I agree that John Lam actively participated in the scheme to ensure that funding for Sun Ho’s music career would be obtained through the Xtron and Firna bonds.”

Chew Eng Han, former church investment manager and board member



“In my view, Eng Han’s forceful personality coupled with his determination and drive to achieve his objectives was recognised and exploited by Kong Hee. In this regard, they were kindred spirits and they tapped and fuelled each other’s drive, one as a spiritual leader and the other as a finance expert. The difficulty came when moral and ethical lines became ambiguous and subjective, in the name of having to be discreet to avoid disclosure of CHC’s funding for the Crossover. In Eng Han’s words: “I think most of us didn’t know where that line exactly was.” Notwithstanding that, Eng Han chose to cross the line with Kong Hee and Ye Peng leading the way.”

Serina Wee, former church accountant



“Serina cannot claim to be ignorant or unaware of the Crossover’s financing needs that culminated in the bond transactions. She was a key member of the ‘Crossover team’, being the one tasked with monitoring Xtron’s finances and alerting Kong Hee and Ye Peng about upcoming requirements, cashflow deficits, shortfalls or “valley points”. She was heavily and inextricably embroiled in the cashflow planning and projection process and was no unwitting accomplice. Her attempts to portray her motives as laudable do not detract from her guilty knowledge. I do not doubt her commitment to CHC’s vision for the Crossover and her love for CHC, but this did not ipso facto mean that she was thus incapable of criminal conduct.”

Sharon Tan Shao Yuen, former church finance manager



“Sharon says that she believed that Kong Hee “loves the church a lot and will never do anything to harm the church” ... Her defence is that she was an ignorant and unwitting accomplice, drawn into the tangled web ... Like the other accused persons who professed their love for CHC and support for the Crossover vision, I do not doubt Sharon’s evidence in this regard. I am of the view, however, that Sharon’s knowledge and involvement went far beyond that of a mere employee who was dutifully carrying out instructions. She supported Kong Hee’s vision and had chosen to help facilitate the round-tripping transactions, and it can hardly be said that she honestly believed that they were legally entitled to do so.”

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