CHC trial: Kong Hee jailed 8 years, others jailed between 21 months and 6 years (Today: 20 Nov 2015)

SINGAPORE — The six City Harvest Church (CHC) leaders convicted of criminal breach of trust and falsification of accounts have been sentenced, with founder Kong Hee getting the heaviest sentence of eight years.

Chew Eng Han received six years' jail, while Tan Ye Peng received five years and six months' jail. Serina Wee was sentenced to five years' jail and John Lam was sentenced to three years' jail. Sharon Tan received a jail sentence of 21 months.

Chew has said the will appeal, while the other said they have to think about it. If they appeal, they will have to file leave to appeal by Dec 2.

The six were sentenced this afternoon, after both sides presented oral submissions earlier today (Nov 20).

In a Facebook post this evening, Kong Hee said he is "saddened" by the length of his sentence. "I am presently studying the judgement and sentence carefully with my lawyers, and will make a meaningful decision whether to appeal in due course," he wrote.

He also wrote: "With the close of the court trial, this season of pain and turmoil for City Harvest Church should soon come to an end. As a spiritual family, we have all learned many valuable lessons of life. Moving forward, these lessons will make us better Christians and a stronger church."

Kicking off the three-hour session this morning, Senior Counsel Edwin Tong, who is defending church founder and senior pastor Kong Hee, stressed that the punishment for each co-accused person should fit the crime and be “appropriate to the offence and the offender”. He added that no harm was caused to the church and Kong did not make any personal gain ought to be significant mitigating factors. Mr Tong also pointed to a letter signed by by 173 executive members which pleaded for leniency on behalf of Kong, his deputy Tan Ye Peng, former accountant Serina Wee, former finance manager Sharon Tan, and former board member John Lam. The letter was submitted to the judge last Friday.
Senior Counsel Kenneth Tan, who represents Lam, said the former board member played a facilitating role in the misuse of funds, but was less involved than his co-accused persons. Lam trusted Kong, his “spiritual leader of many years”, Tan and Chew. “This trust, we submit, is a significant mitigating factor,” he said.
 
Lawyer Paul Seah, who acts for Sharon Tan, argued that the quantum involved should not be the sole factor in sentencing the accused persons involved in criminal breach of trust. He added that the prosecution failed to properly differentiate Tan from the other co-accused.

Chew Eng Han, who represents himself, spoke briefly on how he agreed with the defence lawyers that the co-accused persons meant to “do good for the church”. Chew, who has indicated that he is likely to appeal, did not make any written submission to the court.

In mitigating for Tan Ye Peng, Senior Counsel N Sreenivasan said that his client acknowledged that he could have foreseen and avoided the offending acts. Mr Sreenivasan also cited Tan’s contributions to the church and external humanitarian work.

Senior Counsel Andre Maniam, who presented the final mitigation plea for Wee, reiterated that the acts were not done for wrongful gain. “Whether rightly or wrongly, (we believe) that they were in the interest of the church,” he said. Mr Maniam added that the money was eventually returned to the church with interest and argued that Wee took the role of a “follower” in the round-tripping offences.

In response, Deputy Public Prosecutor Christopher Ong reiterated four aggravating factors in the co-accused persons’ criminal conduct. In particular, he stressed that their offences involved misuse of a large amount of charity funds, an abuse of their positions of trust, especially in Kong’s case.

DPP Ong also said their offences were premeditated and the covert measures taken in covering their crimes.

He added that their “good characters” were not significant mitigating factors. “How much weight can a claim of a good shepherd be if the person was also a wolf at the same time?”

The six were convicted of three to 10 charges last month of criminal breach of trust and falsification of accounts, after a trial that spanned over more than two years.

Judicial Commissioner See Kee Oon adjourned sentencing to 3pm.

The prosecution is seeking 11 to 12 years’ jail for Kong, Chew, Tan Ye Peng and Wee; eight to nine years for Lam; and five to six years for Sharon Tan.