Sunday, October 12, 2014

CHC trial: Major milestones (TNP: 8th Oct 2014)

About the case

City Harvest Church founder Kong Hee and five others are on trial, on charges of misusing church funds through sham bonds.

First, $24 million was allegedly used to fund the music career of Kong's wife, Ms Ho Yeow Sun, whose stage name is Sun Ho. Then another $26.6 million was used to allegedly cover up the first amount.

They are said to have done this through music production firm Xtron and glass manufacturer Firna, run by long-time supporters of the church.

Kong, former board member John Lam, finance manager Sharon Tan, former fund manager Chew Eng Han, deputy senior pastor Tan Ye Peng and former finance manager Serina Wee face charges of criminal breach of trust and/or falsifying accounts.

Prosecutors have sought to show how Xtron and Firna directors simply did the accused's bidding.

The defence has argued that the transactions were legitimate, with the accused acting "in good faith" on the advice of lawyers and auditors. The trial will resume on Jan 26 next year.

It is already turning into one of the longest-running trials here. After 88 days, only three of the six accused in the City Harvest Church leaders' trial have wrapped up their defence.

SHARON TAN, 39

Background: Joined the accounts department of CHC in 2000 and worked her way up, eventually succeeding co-accused Serina Wee as finance manager in 2008. Had first attended service at CHC when she was 18.

Charged with: Three counts of CBT and four of falsifying accounts

Days on stand: 14

Key defence points:
Accused of omitting important details at meetings, she responded by saying this was how she had been taught to takes minutes by Wee.

She was assured five times there was no need to show the investment from the church in its fund manager, AMAC Capital Partners, to auditors because, by the time the audit started, the investment in AMAC would have been redeemed.

She was under the impression that the previous audit partners had blessed the CHC-Xtron bonds.

Prosecution's case:
Her role was not merely administrative, nor was she merely a listener who took instructions. She was an active and willing participant to round-trip church funds.

As the church's finance manager, she had a duty to ensure the church's accounts reflected the true nature of the round-tripping transactions, but instead, she instructed her staff to falsely record these transactions as investments.

Case highlight:
Tan cried three times in court.

The third time was when she was pressed by Chief Prosecutor Mavis Chionh on whether the allegedly falsified board meeting minutes would have deceived the auditors.

Tan struggled to answer, even prompting the judge to intervene.

She eventually replied: "Your Honour, it might be seen like they are being deceived. But, Your Honour, it wasn't my intention."

She then broke down and proceedings were adjourned for 40 minutes.

 
JOHN LAM, 46
Background: He's a former City Harvest Church (CHC) board member, who served as treasurer and secretary. Also sat on the church's audit and investment committees. A certified public accountant and chartered financial analyst.

Charged with: Three counts of criminal breach of trust (CBT)

Days on stand: 10

Key defence points:

Lam was there only on an ad hoc basis.

He did not run the Crossover Project and he was not part of music production firm Xtron.

Whenever there was an accounting issue, he became involved because he is an accountant.

For the Xtron bond, he believed from information he had that repayment would be made through Sun Ho's album sales.

Prosecution's case:


He knew the Building Fund could not be used to fund the Crossover Project directly, and that was why it had to be disguised as a legitimate investment.

He is now trying to disassociate himself from the transactions and instead has been pushing the blame to some of the co-accused. For example, he blamed Sharon Tan for wrongly recording minutes and said Chew Eng Han told him about the transactions.

His defence has not only been untenable, it is deeply cynical based on his status within the church, his financial expertise and the documentary evidence and e-mails presented so far.

Case highlight:


Lam had said it was former CHC investment manager and co-accused Chew's idea to set up Xtron Productions.

But Chew shot back at Lam during the cross-examination: "I didn't approach you. I didn't have this grand vision of a media events company. I'll put it to you that the evidence you have given to the court that it was my idea is false."

Lam later admitted: "Based on this e-mail (which was presented as evidence by Chew), it will suggest that it was not you who thought of the idea to set up Xtron."


KONG HEE, 50


Background: Founder and senior pastor of CHC. He was the CHC board president from 1992 until 2011, when he stepped down.

Graduated from the National University of Singapore in 1988 where he majored in computer science and information systems.

Charged with: Three counts of CBT

Days on stand: 19

Key defence points:

He only handled the budgeting and liaising for the Crossover Project. He is not strong in financial knowledge.

He left the financial structuring to lawyers and auditors, and the management board, because they were more well-versed than he was to make decisions.

Post-2006, when he relocated overseas, he was more hands off.

Prosecution's case:
From the inception of the Crossover Project, he was both the person in charge and the ultimate decision-maker.

He engaged in a series of lies and deception over the years to conceal and facilitate the unauthorised misuse of the church's building fund by him and his co-accused.

He knew that channelling the building fund out of the church through these sham transactions was in breach of the permitted uses of the fund, which had been entrusted to him as a board member, specifically as president of the CHC board.

Case highlight:

When Chew, who was representing himself, cross-examined his former spiritual mentor, he told Kong: "I spoke to you... that you've got to stop shouting so loud, acting on the stage.

"You have still continued to do the opposite and to portray yourself as heroic, a responsible pastor, when, actually, you're not." Kong replied: "I don't try to portray myself as heroic, neither do I shout loud on the stage or act on the stage."

Key witness

HO YEOW SUN, 43
The wife of Kong Hee and co-founder of City Harvest Church (CHC), who goes by the stage name Sun Ho.

She was a member of the CHC board from 1993 to 2006.

She is also the central figure in this trial as $24 million of church funds was allegedly misused to fund her singing career.

Ms Ho has been based largely in the US since 2003 to pursue her music career.

She has released several singles in the US, including chart-topping dance numbers such as One With You, Without Love and Fancy Free.

Former fund manager Chew Eng Han has called her as one of his defence witnesses and she is expected to take the stand after the hearing resumes next year.

Others taking stand next year
CHEW ENG HAN, 54
Background: Became a City Harvest Church (CHC) member in 1995 and was on its board from 1999 to 2007, when he took on the role of the church's fund manager.

He reportedly left the church in June 2013, after 17 years, citing "a collision of primarily spiritual and moral principles".

Charged with: Six counts of criminal breach of trust (CBT) and four of falsifying accounts.

 
TAN YE PENG, 41
Background: A deputy senior pastor of CHC, who was first appointed to the board in 1995, and was elected as vice-president in 2007.

Also sat on the investment committee.

Charged with: Six counts of CBT and four of falsifying accounts.

 
SERINA WEE, 37
Background: Joined the accounts department of CHC in 1999 and was promoted to finance manager in 2005.

She was also a member of the CHC board from 2005 to 2007, when she left to set up her own accounting firm.

She is the administrator of the Crossover Project.

Charged with: Six counts of CBT and four of falsifying accounts.
About the case
City Harvest Church founder Kong Hee and five others are on trial, on charges of misusing church funds through sham bonds.
First, $24 million was allegedly used to fund the music career of Kong's wife, Ms Ho Yeow Sun, whose stage name is Sun Ho. Then another $26.6 million was used to allegedly cover up the first amount.
They are said to have done this through music production firm Xtron and glass manufacturer Firna, run by long-time supporters of the church.
Kong, former board member John Lam, finance manager Sharon Tan, former fund manager Chew Eng Han, deputy senior pastor Tan Ye Peng and former finance manager Serina Wee face charges of criminal breach of trust and/or falsifying accounts.
Prosecutors have sought to show how Xtron and Firna directors simply did the accused's bidding.
The defence has argued that the transactions were legitimate, with the accused acting "in good faith" on the advice of lawyers and auditors. The trial will resume on Jan 26 next year.
It is already turning into one of the longest-running trials here. After 88 days, only three of the six accused in the City Harvest Church leaders' trial have wrapped up their defence.
SHARON TAN, 39
Background: Joined the accounts department of CHC in 2000 and worked her way up, eventually succeeding co-accused Serina Wee as finance manager in 2008. Had first attended service at CHC when she was 18.
Charged with: Three counts of CBT and four of falsifying accounts
Days on stand: 14
Key defence points:
Accused of omitting important details at meetings, she responded by saying this was how she had been taught to takes minutes by Wee.
She was assured five times there was no need to show the investment from the church in its fund manager, AMAC Capital Partners, to auditors because, by the time the audit started, the investment in AMAC would have been redeemed.
She was under the impression that the previous audit partners had blessed the CHC-Xtron bonds.
Prosecution's case:
Her role was not merely administrative, nor was she merely a listener who took instructions. She was an active and willing participant to round-trip church funds.
As the church's finance manager, she had a duty to ensure the church's accounts reflected the true nature of the round-tripping transactions, but instead, she instructed her staff to falsely record these transactions as investments.
Case highlight:
Tan cried three times in court.
The third time was when she was pressed by Chief Prosecutor Mavis Chionh on whether the allegedly falsified board meeting minutes would have deceived the auditors.
Tan struggled to answer, even prompting the judge to intervene.
She eventually replied: "Your Honour, it might be seen like they are being deceived. But, Your Honour, it wasn't my intention."
She then broke down and proceedings were adjourned for 40 minutes.
- See more at: http://news.asiaone.com/news/singapore/chc-trial-major-milestones#sthash.Ts9YaFn3.dpuf

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