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Underage prostitute case - shrewd, calculated defence move by Subhas Anandan

NKF scandal

Ripples widely felt

It undermined Singaporeans’ generosity and faith towards charity giving and good governance. By Seah Chiang Nee.
Jan 13, 2007


SINGAPORE’S biggest charity scandal has emerged from a three-day court hearing with ringing reverberations that could affect Singapore and its people for years to come. It has already undermined the generosity and faith Singaporeans feel towards charity donation, which has run into hundreds of millions of dollars in recent years. The revelation has also eroded some of the people’s faith in the government’s system of self-checks to monitor official corruption and abuse of power (“we don’t need opposition to do it”) – especially when it comes to handling public funds.

Both will take some time to restore. The abuse of power and lavish spending of charity money had already been documented. It was revisited this week when the National Kidney Foundation (NKF) brought – and won – a suit to recover some S$12mil (RM27.4mil) from its former CEO T.T. Durai for breaching his duties.
It accused the flamboyant lawyer, who had run the foundation (once with funds of S$200m) for many years, of “hypocrisy, cynical pattern of deception, subversion and dishonesty.” On the third day, the politically connected Durai, who was once endorsed by several top political figures, threw in the towel and admitted liabilities.

The outcome was less important than the details that emerged.

The government is still revered as largely non-corrupt, but the case has shown that when trust is placed on the wrong person, the public has a high price to pay.
The ripples are widely felt, affecting some two million donors. Two out of every three Singaporeans had contributed to the fund, which is to help needy kidney patients get dialysis treatment. The contributions ranged from thousands of dollars each to blue-collar workers agreeing to deduct one or two dollars from their monthly wages. The anger is therefore wide ranging, compounded by the endorsement given to Durai even when there were public signs that things were not quite right.

Two ministers backed him against public complaints of unmatched statistics, with one of them later admitting that “I was fooled.”
And when donors were shocked to hear that the CEO had paid himself S$600,000 a year, the wife of Senior Minister Goh Chok Tong said that “it is peanuts” for someone who ran such a large operation. This week the court heard that he (and several executives) had operated a slush fund, overspent charity money in the millions, cooked statistics to lure donors and overpaid himself without board approval. The NKF lawyers said he had run the foundation as his personal fiefdom, exercising unquestioned powers. That such a thing could happen in squeaky-clean Singapore shocked many people. “It’s a national shame,” said a professional.
(It was earlier revealed that only 10% of every dollar had gone to healthcare; Durai had claimed it was 51%.)

The episode has not ended yet. The NKF is assessing costs and a hearing on it will take place in a year’s time. Durai may also face more criminal charges.Several of his colleagues are also facing related suits. A political analyst said the Durai case has, to some extent, altered Singapore’s political and social landscape. “Singaporeans have become less trusting of government assurances. Some are now questioning whether a stronger independent checking system is needed,” he said. Many more have stopped donating to charitable institutions and are even calling for an audit on government bodies operated outside public purview.

A common question is: “How many other Durais are lurking undiscovered in Singapore?” One forummer said on the Young PAP website: “It is a big shock to see formerly highly regarded people treat large public organisations like their backyard in such a brazen way. “I wonder if there are heads of other large and somewhat public organisations behaving in this way.” A large number of Singaporeans have stopped donating to the NKF despite the fact that it has been reorganised and is now run by a new team whose actions and accounts are more open.

People are waiting to see if the government is pressing criminal charges on those involved after this week’s hearing. “Unlike profits, donations are money given to a charity and not for the CEO to spend it on personal luxury or on business deals with companies set up by him,” noted one letter writer. Another wants to see him in jail for what he has done as an example to others. “There are more than sufficient grounds to prove corruption and fraud to cheat the NKF to convict him.” Given the strong public awareness of his political connections, any failure to prosecute may bring further repercussions to the government.

At the moment, he is charged with submitting false invoices with the “intent to deceive” the NKF to make claims for services that were not rendered, an offence under the Prevention of Corruption Act. It carries a maximum fine of S$100,000 (RM228,500) and a five-year jail term. Some members of the public, however, pay a grudging respect for a rare talent who has succeeded is raising such a huge amount of money from so many Singaporeans.

“I couldn't help but to pay my highest respect to the man who could mobilise hundreds of people to work willingly for him,” he said.
He would surely have been hero-worshipped, not hated, if he had not gone bad.
(An expanded version of the article published in The Star on Jan 13, 2007).



 
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I will give u this..u do seem to hv tot thru the approach n process of cross examination n presentation of evidence in court...also i am more than happy to apologise n admit tat i am wrong if this in fact the case...

k i do agree wif u tat the court wld provide a certain amount of latitude to counsel particularly in a criminal case to put fwd his/her clt's case...n yes relevancy wld be critical...so yes i was wrong to say tat the court wld not allow the line of questioning as mentioned by u at the v outset n in this regard i apologise...

However my general overall position viz yr fishing expedition exercise remains unchanged...i dont think counsel for the defence shall be allowed to get v far on this line questioning becuz ultimately it does not lead to a any legitimate defence...morals n ethics alone do not constitute a legitimate legal defence...

My impression of how this case came abt is this...

The pimp was running a typical internet based pimping outfit...pics, stats of pros plus material hp. contact nos etc..sms communucation between pimp n punter usual course to arrange transaction...going by the various hotels n the fact tat at times the underage pros saw different punters at different hotels on the same day(think i read r heard abt this) suggests tat bking of hotel rms was done by punters n not the pimp r the the under aged pros...gather this is quite a common practice in the online pimping pros biz particularly wrt to local pros...punter sms' pimp to arrange transaction, date time n location...when punter has bked rm n gone up to rm, punter wld sms pimp wif rm details n the pros wld arrive shortly thereafter...nowadays becuz of the 2IC rule for transit hotels this arrangement may no longer apply for transit hotels but i dont think this applied during the material time n even if it did i wld say this evidence wld be even more detrimental to the defendants...underage pros enters rm n then usually wld sms pimp to say tat she is wif punter n is k, upon which under age pros wld normally ask for payment upfront if this is a first time meeting then complete transaction, then under age pros usually wld leave rm first followed by punter who wld check out...the contemporaneous evidence trail here wld be hp data, hotel records etc..

Police seem to hv got intel on this pimp n then smashed his operation...police appear to hv gathered pimp n under aged pros diaries n other docs wif relevant details on all material transactions plus statements fm pimp, under age pros n the defendants...so all prosecution evidence presented to the court wld prolly be this plus testimony fm pimp, under age pros n the other relevant parties like IO etc...

It is likely tat the police first monitored n conducted surveilance on this pimp n his operations before smashing it...so this leads me to yr main pt of contention...were the police aware the pros was under age while conducting surveilance?...possibly, this cant be ruled out...however wld this constitute a legitimate defence to the charges agst the defendants...i dont think so...yes cld create a moral n ethical cloud particularly if the police took a longer time than reasonably necessary time to intervene once they were aware tat the pros was underage...however i dont think this wld hv a material effect on the outcome of the case...

Oh yes if i am not mistaken think Subhas n afew other lawyers mentioned at latest court appearance tat they wld be challenging their own clients'/defendants police statements...which suggests tat the defendants' police statements may indeed be self incriminating to a certain extent at the v least...so i guess this trial wifin in a trial wld be v interesting indeed...

At the end of the day i think we r gonna c alot of poker face wayang n some defendants at least throwing everything they got including the kitchen sink to get the charges dropped r dismissed...in a way dont blame them becuz they r facing jail time...shall this kind of strategy work?...personally i dont think so...becuz based on the totality of all the evidence put together it appears to be an uphill case for the defendants, even if the under age pros comes off as a weak witness at the trial...

Bottm line it is a criminal offence to engage in commercial sex wif a person under the age of 18...n the strict obligation appears to be on the punter to make sure tat the pros is indeed over the age of 18...whether the pimp and or pros lies r puts fwd false docs etc is prolly immaterial to this case (apart fm a mitigation issue) becuz of this apparent strict obligation to do proper due dilligence...this is underpinned by public policy...perhaps unfair n unreasonable to the punter...but tat appears to be the legal position as i understand it...naturally i also stand corrected it if wat i say can be shown to be misconceived n incorrect...

Subhas is fighting on the fact that all the so called evidence is circumstantial.

1) Hotel records, sms messages, email messages etc. all place the defendent at the scene of the alleged crime, but it does not proof coitus. What if the client could not get an erection that day? what if he forgot his viagra and couldn't get it up, is he still guilty? After all he did not have sex.

2) Testimony of the girl is basically a he said she said, my word against hers situation. She said I screwed her, I said I did not. Having said this, it means not a lot in singapore courts, as judges tend to not let evidence get in the way of their verdicts.

3) Testimony of a pimp, well that is even less reliable than that of the girl. The pimp is a criminal who would say anything to stay out of jail.

Subhas is counting on the fact that the charges says "sex with an underage girl". If the charges say "communicating for commercial sex with an underage girl", than all these defendents do not have aleg to stand on. They were in fact in communication with her or the pimp, and are guilty.

Lets say u own a car. There is no dispute about this fact, because lets say the car is in your name, insurance, in your name etc. One night, u and your friend go for a drive in your car. During this drive, the car was operated ina reckless and dangerous manner. As a result, the car crashed and killed a pedestrian. Now the police will arrest you because u are guilty, right? After all, u were at the scene, its your car, etc. But that's not how it works. The police have to first determine who was actual driver. U or your friend. They use evidence collected at the scene, eyewitness reports, etc. And if its your friend that was driving, than he is the one charged, not you. This is the same situation, the police must prove that sex occured between these men and the girl. In other words, where is the used condom with their sperm in it? Were the fcuk sessions videotape? see the diff?
 
In this case, the circumstantial evidences are very strong. Cannot worm out of it. The court not stupid and neither are the people.
 
Subhas is counting on the fact that the charges says "sex with an underage girl". If the charges say "communicating for commercial sex with an underage girl", than all these defendents do not have aleg to stand on. They were in fact in communication with her or the pimp, and are guilty.

Unfortunately the law states that evidence of communication is sufficent for conviction. There is no need for AGC to prove sex actually took place.
 
Unfortunately the law states that evidence of communication is sufficent for conviction. There is no need for AGC to prove sex actually took place.


Not really lah.

Our penal code states.


376B.Commercial sex with minor under 18—(1) Any person who obtains for consideration the sexual services of a person, who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both. [51/2007]

(2) Any person who communicates with another person for the purpose of obtaining for consideration, the sexual services of a person who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Because,from according to what we gather....the pimp did not advertise the underage girl as one.She was advertised as above 18yrs old.Hence,for all practical purpose clients communicated for commercial sex with a girlie of legal age.Only that the pimp misrepresented the goods for sale.
 
Unfortunately the law states that evidence of communication is sufficent for conviction. There is no need for AGC to prove sex actually took place.

That is correct. But I don't see any news report that the men were being charge for communicating for sex. If this was the charge, Subhas would have them all plead guilty right away. The charge is sex with an underage girl for commercial purposes, much harder to prove in my opinion.
 
Not really lah.

Our penal code states.


376B.Commercial sex with minor under 18—(1) Any person who obtains for consideration the sexual services of a person, who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both. [51/2007]

(2) Any person who communicates with another person for the purpose of obtaining for consideration, the sexual services of a person who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Because,from according to what we gather....the pimp did not advertise the underage girl as one.She was advertised as above 18yrs old.Hence,for all practical purpose clients communicated for commercial sex with a girlie of legal age.Only that the pimp misrepresented the goods for sale.

Yes, but the law stupidly states that the onus is on the person to make sure the girl is not underage. This is an impossible burden of prove in many situations. Especially nowadays, young girls look, dress and act much older, and they will never show u their IC before coitus.
 
Yes, but the law stupidly states that the onus is on the person to make sure the girl is not underage. This is an impossible burden of prove in many situations. Especially nowadays, young girls look, dress and act much older, and they will never show u their IC before coitus.

I think you are mistaken for the finer point of law.

True,the onus is on the client to make sure the girl for sale is not underage.

But during the negotiation for sale the pimp warranted the goods for sale is above 18yrs.And thus all bargain struck was for a girl within legal age.The section 376B sub section 2 covers this.Hence cannot be charged under this section.Remember,at this point the client does not come into physical contact with the underage girl.It could very well be any girl.Thus the buyer negotiated for a girl of legal age for commercial sex.

But entering into an intercourse with an underage where a penetration takes place,in mouth,ass or vagina is another section of our penal code where the onus and the burden is heavy on the adult who is a client for commercial sex.

There is a difference.
 
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Looks like Subhas' PR firm at work again. Described as Singapore's "TOP DEFENCE LAWYER" ? WTF ? He is not even a SC.

Seeking to have the Prosecution's star witness to testify is what every People's Park lawyer will at least try to do. PR firm again trying to paint that as some "masterstroke" from Subhas. What a load of bullshit from the PR firm!

He isn't Singapore's "top defence lawyer" but he is definitely one of our top criminal lawyers. Don't use SC as a standard of ability. Majority of SCs have earned their wings. The rest had other "abilities"...
 
To the not-so-educated, Subhas is simply the best lawyer in town. What a joke![/QUOTE]

Not the best, of course. But not a joke either...
 
I think you are mistaken for the finer point of law.

True,the onus is on the client to make sure the girl for sale is not underage.

But during the negotiation for sale the pimp warranted the goods for sale is above 18yrs.And thus all bargain struck was for a girl within legal age.The section 376B sub section 2 covers this.Hence cannot be charged under this section.Remember,at this point the client does not come into physical contact with the underage girl.It could very well be any girl.Thus the buyer negotiated for a girl of legal age for commercial sex.

But entering into an intercourse with an underage where a penetration takes place,in mouth,ass or vagina is another section of our penal code where the onus and the burden is heavy on the adult who is a client for commercial sex.

There is a difference.

are u sure the pimp warranted the goods were over 18 years old? was that in the internet ad?
 
exactly wat i told u chaps in my earlier posts...this is a strict liability offence i.e. onus n burden is on the defendant...

saying tat Howie has now wisely procured the services of one of the brightest lawyers in Sin also a v gd egg...totally different league fm Subhas n gang...still gg to be an uphill case but interesting to c where Harpreet is gg to take Howie's case...



Shaw's lawyers question sentencing discretion
by Alvina Soh
04:46 AM Jun 19, 2012
SINGAPORE - Howard Shaw, who is among the 48 men charged in April for having paid sex with a 17-year-old girl, has not decided whether to plead guilty, with his lawyers calling into question the "extremely wide sentencing discretion" the charge carries.

Shaw, the former executive director of the Singapore Environment Council, 41, has been charged under Section 376B of the Penal Code - an "absolute liability offence" under Singapore law, meaning the accused would be deemed to have committed the offence although there is no intent.

His lawyers - led by Mr Harpreet Singh Nehal, a senior counsel from WongPartnership - said in a statement yesterday that, under Section 376B, the courts have "an extremely wide sentencing discretion, ranging from a fine to a maximum jail sentence of seven years". The case, they said, raises "important questions" as to how the courts should approach this discretion in a "calibrated fashion".

The court's decision would have "significant ramifications" not only for Shaw but all others who have been, or might be, similarly charged, and also on sentencing for other absolute liability offences under local law. Given the issues raised in the case, the lawyers have obtained a hearing to address them, to be held on June 27.

Former UBS banker Juerg Buergin, 40, will be contesting his charges. The Swiss is out on a S$15,000 bail and will be back in court on July 3. ALVINA SOH
 
the law is not stupid...this law is underpinned by public policy, plain n simple...

Yes, but the law stupidly states that the onus is on the person to make sure the girl is not underage. This is an impossible burden of prove in many situations. Especially nowadays, young girls look, dress and act much older, and they will never show u their IC before coitus.
 
the law is not stupid...this law is underpinned by public policy, plain n simple...

i guess u don't know what real law and justice is. If you are brought to court, the onus SHOULD ALWAYS BE ON YOUR ACCUSERS to prove you are guilty. Not the other way round where you have to prove you are innocent. That is why u are supposed to be presumed innocent until proven guilty. This kind of cases will never be prosecuted in the US, as there are severe lack of factual evidence. But this is kangaroo court singapore, where anything and everything happens. In the US and even western countries per se, there must be prove that the client knows the girl was underage, such prove to be in the form of sms, emails, etc., before they will prosecute.

I gave you the example of your car and your passenger getting into an accident. In these kinds of cases, the police must prove you were the driver, before they will prosecute you. Look at the lenghts they go to prove who was the driver in the Woffles and other prominent vehicle cases. Its not your responsibility to prove u were not driving the car and is therefore innocent. WHY NOW IN UNDERAGE SEX CASES, THE BURDEN OF PROOF IS NOW ON YOU AND NOT THE POLICE? That is why the law is stupid. Produce 80 condoms with the semen of each of the 80 accused or provide video to show they all fucked the girl, otherwise, u only have circumstantial evidence. But like i said before, singapore judges have never let the lack of concrete evidence stand int he way of the verdict they want to register. Uniquely singapore.
 
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i guess u don't know what real law and justice is. If you are brought to court, the onus SHOULD ALWAYS BE ON YOUR ACCUSERS to prove you are guilty. Not the other way round where you have to prove you are innocent. That is why u are supposed to be presumed innocent until proven guilty. This kind of cases will never be prosecuted in the US, as there are severe lack of factual evidence. But this is kangaroo court singapore, where anything and everything happens. In the US and even western countries per se, there must be prove that the client knows the girl was underage, such prove to be in the form of sms, emails, etc., before they will prosecute.

I gave you the example of your car and your passenger getting into an accident. In these kinds of cases, the police must prove you were the driver, before they will prosecute you. Look at the lenghts they go to prove who was the driver in the Woffles and other prominent vehicle cases. Its not your responsibility to prove u were not driving the car and is therefore innocent. WHY NOW IN UNDERAGE SEX CASES, THE BURDEN OF PROOF IS NOW ON YOU AND NOT THE POLICE? That is why the law is stupid. Produce 80 condoms with the semen of each of the 80 accused or provide video to show they all fucked the girl, otherwise, u only have circumstantial evidence. But like i said before, singapore judges have never let the lack of concrete evidence stand int he way of the verdict they want to register. Uniquely singapore.

wow..good question ask your lawmakers...the MPs..who passed this into law..also ask Subhas and the other great legal eagles why none raise this legal conundrum when they were debating the bill in our Pariament..
 
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For Howard to receive a sentence lesser than the ex principal is a travesty of the law. Howard will spend a lot of money but the outcome will be the same. This is even more so after the Woffles debacle. I am doubtful that the nazi's will allow to tempt fate so soon after. As for Subhas he is playing his cards so that the girl may be afraid or shy to appear in court as a witness. Without a witness, the prosecutor's case may be quite weak. However if the girl is willing to testify and the court agrees to hide her identity then Subhas will have no recourse but advise his clients to accept the charges. It is a smart move by Subhas. It is certain that his clients will not want their experience and details of what they did with the underaged girl to be made public.
 
For Howard to receive a sentence lesser than the ex principal is a travesty of the law. Howard will spend a lot of money but the outcome will be the same. This is even more so after the Woffles debacle. I am doubtful that the nazi's will allow to tempt fate so soon after. As for Subhas he is playing his cards so that the girl may be afraid or shy to appear in court as a witness. Without a witness, the prosecutor's case may be quite weak. However if the girl is willing to testify and the court agrees to hide her identity then Subhas will have no recourse but advise his clients to accept the charges. It is a smart move by Subhas. It is certain that his clients will not want their experience and details of what they did with the underaged girl to be made public.

the girl will be issued with a subpoena..if she does not attend or turns hostile..Prosecution can still proceed..if she fail to attend court an arrest warrant will be issued to her..if she refuse to answer questions..as stated earlier Prosecution will declare her hostile witness...please2 this is all poker face wayang by Subhas who needs to show clients he is working...
guys..court is not like what u see in movies or THE PUPIL..
 
wow..good question ask your lawmakers...the MPs..who passed this into law..also ask Subhas and the other great legal eagles why none raise this legal conundrum when they were debating the bill in our Pariament..

To be fair,any law that is first framed lose the spirit of which it was first framed over the years.Besides,the limitations of words cannot capture all situations and circumstances each case warrants separately in future.

Let's take this penal code Section 376B.It basically protects minors sexually abused.However,it cannot capture or differentiate say a 12 yr old girl with still her babyish features and a 17 yr old with her voluptuous curves.

Hence the law is framed such to put the burden of proof on the accused as it deemed minors as special case who needs special protection.Otherwise everybody charged can get away with 'no intent' to screw a minor girlie.

In short,the law is in the same spirit as ignorance of law is not an excuse.

But all these with the presumptions that the sitting judge has his discretionary powers.Meaning a sitting judge can see with his open eye that the girl in this particular case is more professional than most prostitute and being 17 yrs is just technical.

And hence can sentence the accused just for 1 day jail term with $1 fine.That is what Section 376B allows.

But since our kangaroo courts under the Lee regime has taken away the discretionary powers from the judges...than the judge merely becomes a puppet that rubber stamp for Lee whims and fancies ---which makes our courts of law nothing more than circus.
 
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