CITY Harvest Church founder Kong Hee and his five deputies will return
to court today, as the highly watched criminal trial against them
resumes.
The six accused from the mega church – which celebrates its 25th
anniversary next weekend – are expected to finally testify under oath.
They are likely to take the witness stand in the following order:
former board member John Lam Leng Hung, 46; Kong, 49; finance manager
Sharon Tan Shao Yuen, 38; former treasurer Chew Eng Han, 54; deputy
senior pastor Tan Ye Peng, 41; and former finance manager Serina Wee Gek
Yin, 37.
The Straits Times understands that Lam will call one witness – a church
board member – while Chew has a list of 10 witnesses, including church
staff and Kong's secular pop music singer wife, Ms Ho Yeow Sun.
The protracted trial started in May 15 last year and, over 42 days of
hearings, has heard evidence from 14 prosecution witnesses.
The trial is now expected to last until next April, instead of this
September as previously indicated. It will run from today until Friday,
and then from Aug 4 to 29. Sept 8 to 30 have also been set aside for
hearings.
The six are accused of various counts of criminal breach of trust and
falsifying accounts by misappropriating $24 million in sham bond
investments, and "round- tripping" another $26.6 million to cover it up.
The funds are said to have been used to bankroll Ms Ho's pop music
career.
Defence lawyers had earlier failed to convince Presiding Judge of the
State Courts See Kee Oon to throw out the case on the basis of
insufficient evidence built up by the prosecution, for each of the
charges against their clients.
The main thrust of the defence case thus far is that the accused have
never acted with any dishonest intent, nor harboured any intention to
mislead or conceal any information. They have also argued that the
church has not suffered any monetary losses from the investments, with
the bonds having been repaid with interest.
One person to watch would be Chew who discharged his lawyer, Senior
Counsel Michael Khoo, in May and will be defending himself for the rest
of the trial. Chew also quit the church abruptly in June last year,
prompted by what he said was "a collision of primarily spiritual and
moral principles".
Monday, July 14, 2014
City Harvest trial: Church board backed Ho Yeow Sun's music career, says accused (ST: 14 July 2014)
SINGAPORE - City Harvest Church board members had backed the secular music career of Ms Ho Yeow Sun as a way to evangelise as far back as 2002, said one of the accused in the City Harvest trial on Monday as it resumed with the defence taking its turn.
The accused, former church board member John Lam Leng Hung, said the church had decided to reach out to young "unchurched" people through Ms Ho's music as it saw the entertainment industry "held sway" over them.
The board members also agreed that the church's backing of Ms Ho should be discreet so that the young people would not dismiss her music as "yet another church-sponsored project".
This need for discretion was reinforced in 2003, "when many of us were traumatised" by allegations of a former church member that the church was using members' money to support Ms Ho, he said.
"Even Christians from other churches couldn't understand how a church could be supporting what to them was a secular project. We knew that if the project was to continue, it cannot be seen that the church is actively supporting Sun," said Lam.
All six accused, including church founder Kong Hee, will testify. Kong's wife Ms Ho had appeared at the State Courts on the first day of each of the trial's previous tranches, but was not present on Monday when the trial resumed.
She is expected to be called as a witness.
The accused, former church board member John Lam Leng Hung, said the church had decided to reach out to young "unchurched" people through Ms Ho's music as it saw the entertainment industry "held sway" over them.
The board members also agreed that the church's backing of Ms Ho should be discreet so that the young people would not dismiss her music as "yet another church-sponsored project".
This need for discretion was reinforced in 2003, "when many of us were traumatised" by allegations of a former church member that the church was using members' money to support Ms Ho, he said.
"Even Christians from other churches couldn't understand how a church could be supporting what to them was a secular project. We knew that if the project was to continue, it cannot be seen that the church is actively supporting Sun," said Lam.
All six accused, including church founder Kong Hee, will testify. Kong's wife Ms Ho had appeared at the State Courts on the first day of each of the trial's previous tranches, but was not present on Monday when the trial resumed.
She is expected to be called as a witness.
CHC trial: Defence begins with first accused taking witness stand (Today: 14 July 2014)
SINGAPORE — Six City Harvest Church leaders on trial for criminal breach of trust and falsification of accounts kicked off their defence today (July 14) with the first accused, former church board member John Lam Leng Hung, taking the stand.
Lam spoke about arrangements back in 2002 and 2003 to have a newly formed company, Xtron Productions, manage the pop music career of Ms Ho Yeow Sun, wife of church co-founder and one of the accused, Kong Hee.
Allegations in 2003 by a church member, Mr Roland Poon, that the church was supporting Ms Ho’s secular career had traumatised many in the church, said Lam.
They did not know there would be such public objection, even from Christians from other churches, he said.
Lam took the stand as the first defence witness at nearly noon, after his lawyer, Senior Counsel Kenneth Tan, and prosecutors tussled over the contents and admission of his conditioned statement, which resulted in portions of it removed.
City Harvest trial resumes with 'Crossover' project in the spotlight (CNA: 14 July 2014)
SINGAPORE: The trial involving City Harvest Church founder Kong Hee and his five deputies resumed on Monday (July 14), with former church board member John Lam taking the stand.
Lam - one of the accused and the first to testify for the defence - was questioned about the church's Crossover project, meant to further the secular music career of Kong's wife, church co-founder Sun Ho.
The six are accused of channelling S$24 million in church building funds into sham bond investments primarily for her music career, and subsequently misappropriating another S$26.6 million to cover up the initial alleged sum.
Lam explained the genesis of the Crossover project and why it was important that it not be viewed as a church-backed endeavour, as that would defeat the objective of the project.
"The Crossover Project is about Sun being a commercial success, because by doing that, she would reach a segment of people the church didn't previously have access to," he said, referring to youth who could not connect with church because they did not find it relevant.
"Their values and preferences are influenced by pop culture ... that and the entertainment industry hold more sway."
Lam said that the board was always kept fully aware of the developments in Sun's career.
Earlier, Lam's lawyer Kenneth Tan had argued for his client's conditioned statement to be tendered in the court as his evidence-in-chief to speed up the hearing "substantially".
But this did not go through, after the prosecution objected to large parts of the statement related to the charges Lam faces.
Lam - one of the accused and the first to testify for the defence - was questioned about the church's Crossover project, meant to further the secular music career of Kong's wife, church co-founder Sun Ho.
The six are accused of channelling S$24 million in church building funds into sham bond investments primarily for her music career, and subsequently misappropriating another S$26.6 million to cover up the initial alleged sum.
Lam explained the genesis of the Crossover project and why it was important that it not be viewed as a church-backed endeavour, as that would defeat the objective of the project.
"The Crossover Project is about Sun being a commercial success, because by doing that, she would reach a segment of people the church didn't previously have access to," he said, referring to youth who could not connect with church because they did not find it relevant.
"Their values and preferences are influenced by pop culture ... that and the entertainment industry hold more sway."
Lam said that the board was always kept fully aware of the developments in Sun's career.
Earlier, Lam's lawyer Kenneth Tan had argued for his client's conditioned statement to be tendered in the court as his evidence-in-chief to speed up the hearing "substantially".
But this did not go through, after the prosecution objected to large parts of the statement related to the charges Lam faces.
Sunday, July 13, 2014
City Harvest Church trial to resume Monday (CNA: 13 July 2014)
SINGAPORE: The trial involving the City Harvest Church founder Kong Hee and his five deputies resumes on Monday (July 14).
The fourth leg of the trial will stretch for a week, and the first of the six church leaders is expected to take the stand.
The City Harvest Church trial is shaping up to be one of the longest-running criminal trials.
In 2012, Kong Hee and his five deputies were charged with misusing S$24 million of church funds to finance his wife Sun Ho's music career.
Four of them were also accused of misappropriating S$26 million to cover up the first sum.
The trial began in May last year, and the prosecution wrapped up its case after 42 days over a nine-month period.
In May this year, Presiding Judge of the State Courts See Kee Oon decided that the six church leaders have a case to answer after hearing the prosecution's evidence.
The Judge accepted there was a plan to move money from the church's Building Fund to Xtron Productions and glassware firm Firna (PT The First National Glassware) for the purpose of funding Ms Ho's singing career.
The court also accepted there was evidence to show the monies were moved from the church to the various firms to generate a false appearance that the church's investments were redeemed.
The Judge said the six had been dishonest in the use of the money.
The trial's fourth leg will likely see former church board member John Lam take the stand. The other five have also indicated they will testify in their defence.
Channel NewsAsia understands defence lawyers are likely to argue that the six accused never acted with dishonest intent, and there was no intent to mislead or conceal information.
Another point they will likely make is that the bonds entered into were genuine investments and transactions with no monetary loss to the church, and that the transactions had been checked with lawyers and auditors to ensure their legitimacy.
After this week, the trial will be adjourned till August, when it will resume for most of the month and carry on into September.
It is understood that among the witnesses the defence intends to call are staff of the City Harvest Church as well as Kong's wife, Ms Ho.
The fourth leg of the trial will stretch for a week, and the first of the six church leaders is expected to take the stand.
The City Harvest Church trial is shaping up to be one of the longest-running criminal trials.
In 2012, Kong Hee and his five deputies were charged with misusing S$24 million of church funds to finance his wife Sun Ho's music career.
Four of them were also accused of misappropriating S$26 million to cover up the first sum.
The trial began in May last year, and the prosecution wrapped up its case after 42 days over a nine-month period.
In May this year, Presiding Judge of the State Courts See Kee Oon decided that the six church leaders have a case to answer after hearing the prosecution's evidence.
The Judge accepted there was a plan to move money from the church's Building Fund to Xtron Productions and glassware firm Firna (PT The First National Glassware) for the purpose of funding Ms Ho's singing career.
The court also accepted there was evidence to show the monies were moved from the church to the various firms to generate a false appearance that the church's investments were redeemed.
The Judge said the six had been dishonest in the use of the money.
The trial's fourth leg will likely see former church board member John Lam take the stand. The other five have also indicated they will testify in their defence.
Channel NewsAsia understands defence lawyers are likely to argue that the six accused never acted with dishonest intent, and there was no intent to mislead or conceal information.
Another point they will likely make is that the bonds entered into were genuine investments and transactions with no monetary loss to the church, and that the transactions had been checked with lawyers and auditors to ensure their legitimacy.
After this week, the trial will be adjourned till August, when it will resume for most of the month and carry on into September.
It is understood that among the witnesses the defence intends to call are staff of the City Harvest Church as well as Kong's wife, Ms Ho.
Monday, May 5, 2014
Judge rejects bid to clear CHC leaders of charges (Today: 6th May 2014)
SINGAPORE — The bid by the City Harvest Church (CHC) leaders facing
criminal charges to walk away without mounting a defence has failed,
after the courts rejected their contention that prosecutors had not done
enough to make a case against them.
Sufficient evidence has been adduced to support every element of the charges of criminal breach of trust and falsification of accounts against the six, presiding judge of the State Courts See Kee Oon ruled yesterday.
“At the close of the prosecution’s case, there is no need for the court to be satisfied beyond a reasonable doubt that the accused is guilty. It suffices that a court could reasonably convict on the evidence adduced by the prosecution,” he said.
With Mr See’s decision, the trial will stretch beyond the one-year mark and all six accused — church co-founder Kong Hee, his deputy Tan Ye Peng, Chew Eng Han, John Lam, Serina Wee and Sharon Tan — have indicated they will take the witness stand when hearing resumes, likely in July. Chew, the church’s former investment manager who has since left, added through his lawyer that he intends to call witnesses.
The six had argued to be cleared of their charges without having to enter a defence, contending that the prosecution’s case was “piecemeal” and a “cut-and-paste” job. In rebuttal, prosecutors had asserted that the dots in its case against the church leaders connected in a natural, coherent and powerful manner.
Yesterday, Mr See addressed the points of contention between the defence and prosecution in detail. “Some dots are smaller; some are larger. When attempting to connect them, there may be clusters, trails and other patterns, some less granular and some more clearly discernible. The focus of my enquiry is whether a reasonably coherent picture has emerged thus far in support of all the ingredients of the charges,” the judge said.
Referring to a defence lawyer’s argument that the prosecution’s case has been made up of “emails, emails, emails stitched together”, Mr See said: “I am conscious that a reasonable inference is one that coheres with the totality of the documentary and oral evidence, and not merely with the email itself. I also bear in mind that a single email can generate multiple conflicting reasonable inferences, some favourable and others unfavourable to the prosecution.”
On the prosecution’s charge that the accused engaged in various conspiracies, the judge noted that evidence is “largely documentary rather than oral” and that the involvement of some of the accused is less obvious than that of others. But there is, nonetheless, evidence to support the prosecution’s contention, he said.
On the element of misappropriation, which must be fulfilled for criminal breach of trust, the judge said there is evidence to show that sham, or false, investments took place.
“I should add that, even if one does not use the word ‘sham’, the evidence suggests the so-called investments were not genuine investments, but were merely disguises for something else,” he added.
The six church leaders are accused of misusing S$24 million of church-building funds for sham investments to boost the music career of Kong’s wife Ho Yeow Sun. They then allegedly misused another S$26.6 million to cover up the first amount.
The defence had argued that money moved by the accused out of the church and back again through various entities was merely a “restructuring” of debt, but the judge said, equally, there is evidence that the true purpose of the transactions was to generate a false impression that the purported bond investments in glassware firm Indonesia-based PT The First National Glassware had been redeemed.
The defence had also argued that the accused were not dishonest as the church funds had been used for church purposes.
However, the judge noted that, even if this was the case, the crux lies in whether the accused knew they were “not legally entitled to use CHC’s money in the way they did”.
They might also have been dishonest even if they had intended only to temporarily deprive the church of its funds, he added.
Mr See also said there is evidence to show the accused withheld some important information from the church’s auditors; whether or not accounting entries were false is a question for the court to decide.
The court considers whether there is evidence that is not inherently incredible and which satisfies each element of the charges framed by the prosecution at the close of the prosecution’s case, he added. And, if there is such evidence, the court must call the accused to give their defence, said Mr See.
Church supporters filled the public gallery during the hearing yesterday. When the court session ended, they were heard giving encouragement to their church leaders.
Sufficient evidence has been adduced to support every element of the charges of criminal breach of trust and falsification of accounts against the six, presiding judge of the State Courts See Kee Oon ruled yesterday.
“At the close of the prosecution’s case, there is no need for the court to be satisfied beyond a reasonable doubt that the accused is guilty. It suffices that a court could reasonably convict on the evidence adduced by the prosecution,” he said.
With Mr See’s decision, the trial will stretch beyond the one-year mark and all six accused — church co-founder Kong Hee, his deputy Tan Ye Peng, Chew Eng Han, John Lam, Serina Wee and Sharon Tan — have indicated they will take the witness stand when hearing resumes, likely in July. Chew, the church’s former investment manager who has since left, added through his lawyer that he intends to call witnesses.
The six had argued to be cleared of their charges without having to enter a defence, contending that the prosecution’s case was “piecemeal” and a “cut-and-paste” job. In rebuttal, prosecutors had asserted that the dots in its case against the church leaders connected in a natural, coherent and powerful manner.
Yesterday, Mr See addressed the points of contention between the defence and prosecution in detail. “Some dots are smaller; some are larger. When attempting to connect them, there may be clusters, trails and other patterns, some less granular and some more clearly discernible. The focus of my enquiry is whether a reasonably coherent picture has emerged thus far in support of all the ingredients of the charges,” the judge said.
Referring to a defence lawyer’s argument that the prosecution’s case has been made up of “emails, emails, emails stitched together”, Mr See said: “I am conscious that a reasonable inference is one that coheres with the totality of the documentary and oral evidence, and not merely with the email itself. I also bear in mind that a single email can generate multiple conflicting reasonable inferences, some favourable and others unfavourable to the prosecution.”
On the prosecution’s charge that the accused engaged in various conspiracies, the judge noted that evidence is “largely documentary rather than oral” and that the involvement of some of the accused is less obvious than that of others. But there is, nonetheless, evidence to support the prosecution’s contention, he said.
On the element of misappropriation, which must be fulfilled for criminal breach of trust, the judge said there is evidence to show that sham, or false, investments took place.
“I should add that, even if one does not use the word ‘sham’, the evidence suggests the so-called investments were not genuine investments, but were merely disguises for something else,” he added.
The six church leaders are accused of misusing S$24 million of church-building funds for sham investments to boost the music career of Kong’s wife Ho Yeow Sun. They then allegedly misused another S$26.6 million to cover up the first amount.
The defence had argued that money moved by the accused out of the church and back again through various entities was merely a “restructuring” of debt, but the judge said, equally, there is evidence that the true purpose of the transactions was to generate a false impression that the purported bond investments in glassware firm Indonesia-based PT The First National Glassware had been redeemed.
The defence had also argued that the accused were not dishonest as the church funds had been used for church purposes.
However, the judge noted that, even if this was the case, the crux lies in whether the accused knew they were “not legally entitled to use CHC’s money in the way they did”.
They might also have been dishonest even if they had intended only to temporarily deprive the church of its funds, he added.
Mr See also said there is evidence to show the accused withheld some important information from the church’s auditors; whether or not accounting entries were false is a question for the court to decide.
The court considers whether there is evidence that is not inherently incredible and which satisfies each element of the charges framed by the prosecution at the close of the prosecution’s case, he added. And, if there is such evidence, the court must call the accused to give their defence, said Mr See.
Church supporters filled the public gallery during the hearing yesterday. When the court session ended, they were heard giving encouragement to their church leaders.
City Harvest leaders have case to answer, says judge (CNA: 5th May 2014)
SINGAPORE: The six accused leaders of City Harvest Church have a case
to answer, Chief District Judge See Kee Oon decided on Monday.
The judge said there is sufficient evidence to support each and every element of the charges faced by the accused.
The accused -- church co-founder Kong Hee, Tan Ye Peng, John Lam, Chew Eng Han, Serina Wee and Sharon Tan -- face charges of criminal breach of trust and falsification of accounts. They allegedly misused S$24 million of church building funds for sham bond investments, and another S$26.6 million to cover up the first amount.
All six accused church leaders have decided to give evidence in their defence.
Judge See noted on Monday that oral evidence given by several prosecution witnesses was at odds with prosecution's case "on many occasions".
On those occasions, he added, the prosecution had produced documents which ran counter to the testimonies of the witnesses.
But the judge said what matters is that the witnesses were given an opportunity to explain the contents of documents that seem, on the surface, to undermine their oral evidence.
He said based on the evidence shown to the court, it has been suggested that the investments were not genuine.
The defence had argued that the movement of funds from the church's accounts to other companies was part of "refinancing".
But Judge See said there is evidence, equally, to show that the transactions were made to create a false impression that the church's purported investments were redeemed.
So, the court is of the view that the church's money could have been misappropriated.
The judge also found that there might have been an attempt to cover up the alleged misuse of the funds.
The trial will resume with the defence presenting its case on 14 July.
The judge said there is sufficient evidence to support each and every element of the charges faced by the accused.
The accused -- church co-founder Kong Hee, Tan Ye Peng, John Lam, Chew Eng Han, Serina Wee and Sharon Tan -- face charges of criminal breach of trust and falsification of accounts. They allegedly misused S$24 million of church building funds for sham bond investments, and another S$26.6 million to cover up the first amount.
All six accused church leaders have decided to give evidence in their defence.
Judge See noted on Monday that oral evidence given by several prosecution witnesses was at odds with prosecution's case "on many occasions".
On those occasions, he added, the prosecution had produced documents which ran counter to the testimonies of the witnesses.
But the judge said what matters is that the witnesses were given an opportunity to explain the contents of documents that seem, on the surface, to undermine their oral evidence.
He said based on the evidence shown to the court, it has been suggested that the investments were not genuine.
The defence had argued that the movement of funds from the church's accounts to other companies was part of "refinancing".
But Judge See said there is evidence, equally, to show that the transactions were made to create a false impression that the church's purported investments were redeemed.
So, the court is of the view that the church's money could have been misappropriated.
The judge also found that there might have been an attempt to cover up the alleged misuse of the funds.
The trial will resume with the defence presenting its case on 14 July.
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