Court's decision, after a trial within a trial, allows actual trial to proceed
ALL six statements that law professor Tey Tsun Hang had given to anti-graft officers will be admitted as evidence in his sex- for-grades corruption trial, ruled Chief District Judge Tan Siong Thye yesterday.
The decision, delivered after a 10-day trial within a trial to determine the voluntariness of Tey's confessions to the Corrupt Practices Investigation Bureau (CPIB), paved the way for the actual trial to continue.
It resumed yesterday, starting with a close scrutiny of the 41-year-old's first statement, which was recorded on April 5 last year by CPIB chief special investigator Bay Chun How.
Several key elements relating to the six corruption charges Tey faces were revealed during his cross-examination of Mr Bay. This included a confession that he had awarded former student Darinne Ko "favourable grades because she had sex with me".
But Tey, who is conducting his own defence, tried to poke holes in the statement, which he claimed was "riddled with gaps and falsity". He pointed out what he alleged to be contradictions, factual mistakes and even grammatical errors, all of which showed that the statement was "mischievous, tendentious, inaccurate, biased". For instance, he questioned how it was possible that he initially could not recall Ms Ko's equity and trust paper grade, but later could, within the same statement.
He also tried to show that there was "absolutely no corrupt element" in his relationship with Ms Ko as they had a "mutually loving, romantic relationship".
Mr Bay, however, disagreed and said he had been "unable" to draw any confirmation from Tey that he had a liking for Ms Ko during questioning at that time.
Tey also denied awarding Ms Ko "favourable grades" in exchange for sex, and claimed the CPIB knew that to be true.
Mr Bay's reply was that there was indeed "no evidence to say that the grades you gave Darinne were better off or worse off than what she deserves".
Tey faces six counts of corruptly obtaining gifts and sex from Ms Ko in exchange for awarding her better grades.
But it was revealed in the statement that Tey had also reimbursed Ms Ko for other items she had initially bought him, such as a limited-edition Jorg Gray watch valued between $500 and $750. The watch, however, is not related to his corruption charges.
Earlier, Chief District Judge Tan, in explaining his decision to admit Tey's six statements as evidence, said he was "unable to believe" that Tey had made them in April and May last year involuntarily. "Given the accused's extensive legal training and background, it is difficult to believe that he was really coerced."
The CPIB officers, added the judge, were "truthful witnesses" but Tey, on the other hand, had "exaggerated and fabricated" some of the details of the day he was arrested.
The judge said he found Tey's several voluntary visits to the CPIB "puzzling", especially on occasions when he claimed to be unwell and could have rested at home. He also said that if Tey had found CPIB officers' acts so "heinous", he could have reported these but no such reports or complaints were made.
And referring to Tey's allegations that he had been "badgered" by CPIB officers, the judge added that there was "no suggestion that the badgering was of such severity to sap" Tey's will. "One must expect a certain degree of persistent questioning in the course of an investigation."
The trial continues today with Mr Bay on the stand.
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Background Story
Tey's confessions to the CPIB
THESE exchanges were revealed in the first of six statements that were admitted as evidence yesterday.
• CPIB: Did you have sex with Darinne (Ko, his student) on the sofa in your office... on the 24 July 2010?
• Tey: Yes I did. I was stupid and I am very remorseful.
• CPIB: On 20 Aug 2010, did Darinne call you to inform you that she was pregnant? What was the conversation about?
• Tey: I cannot recall this conversation but I know I was informed of this by her. I felt guilty.
• CPIB: Did you give (Darinne Ko) the favourable grades because she had had sex with you?
• Tey: Yes. I gave her favourable grades because she had sex with me.
