01/02/2018

Apex court rejects longer jail term in City Harvest Church fraud case


A Singapore court rejected on Thursday a prosecution appeal to reinstate a longer jail sentence for the co-founder of a popular church who was convicted of misusing millions of dollars to support his wife's pop-singing career.

The ruling ended nearly 5 years of legal battles by Kong Hee, who co-founded the City Harvest Church, which gripped a city-state where there is little tolerance for corruption & where such cases of fraud mixed with faith have been rare.

Kong, 53, was originally sentenced to 8 years in jail in October 2015 for criminal breach of trust & falsification of accounts. The High Court reduced that sentence last April to three-and-a-half years.


Pastor in Singapore church fraud escapes harsher jail term
The Court of Appeal dismissed prosecutors' bid to reinstate the original convictions for City Harvest Church founder Kong Hee and five others on Feb 1. (The Straits Times/ANN/LIM YAOHUI)

The leader of a glitzy Singapore megachurch convicted of misusing nearly $20 million in church money to advance his wife's music career escaped a harsher prison term Thursday as a court rejected demands to reinstate his original sentence.

The Court of Appeal ruling puts an end to the long-running case involving millions in church money and raunchy music videos featuring the wife of City Harvest Church leader Kong Hee alongside Hollywood stars.

Kong and five other church leaders were in 2015 convicted of using Sg$24 million ($19.8 million) from a church building fund to help Kong's wife, Sun Ho, 45, break into the English-language market.


Singapore CHC’s Kong Hee ‘at peace’ with apex court’s verdict
Investigations on the six City Harvest Church leaders began in 2010 and the trial began nearly five years ago. — TODAY file pic

City Harvest Church (CHC) founder Kong Hee is “at peace” with the apex court’s verdict to uphold the jail terms of the six former CHC leaders, while the other five are mostly relieved that the long-drawn case has come to a close.

Today, Judge of Appeal Andrew Phang delivered the judgement to the criminal reference, agreeing with the High Court’s majority ruling last April that the six should not be convicted under a more serious criminal breach of trust (CBT) charge under the Penal Code.

The shaping of the remedy for the gap, or lacuna, in the law for CBT should be left to Parliament, he said.


Apex court upholds shorter jail terms for former City Harvest Church leaders
The 6 convicted City Harvest Church leaders will not have to spend more time behind bars after an apex court ruling on Thursday (Feb 1). Reuters file foto

6 former City Harvest Church leaders convicted of misappropriation of church funds will not have to spend additional time behind bars, after the apex court ruled they should not be convicted for aggravated criminal breach of trust (CBT).

The Court of Appeal's ruling marks the end of the saga involving church founder Kong Hee and his 5 deputies, for which investigations began in 2010 and the trial started in 2013.

The verdict was met with relief in the dock, and wide smiles and hugs among church members who packed the public gallery on Thursday (Feb 1).


City Harvest Church: Jail terms maintained for Kong Hee and other ex-leaders

Singapore’s highest court has maintained the reduced jail terms of the six former leaders of City Harvest Church (CHC) in the long-running case, less than a year after the High Court slashed their sentences.

The ruling by the five-judge Court of Appeal delivered on Thursday (1 February) dismisses the appeal by prosecutors to reinstate the original longer jail terms for church founder Kong Hee and his five former deputies. With the decision, the former church leaders need only serve sentences ranging from seven months to three years six months.

The crux of the sentencing centred around the legal interpretation of criminal breach of trust (CBT) in relation to the roles played by the CHC ex-leaders.


Kong Hee ‘at peace’ with apex court’s verdict
The 6 convicted City Harvest Church leaders will not have to spend more time behind bars after an apex court ruling on Thursday (Feb 1). TODAY file foto

The lawyers of City Harvest Church (CHC) founder Kong Hee said on Thursday (Feb 1) he is "at peace" with the apex court's decision to uphold the shorter jail terms of the 6 former CHC leaders, while the other 5 are mostly relieved that the long-drawn case has come to a close.

Earlier, Judge of Appeal Andrew Phang delivered the judgement for questions of law raised by prosecutors, agreeing with the High Court's majority ruling last April that the 6 should not be convicted under a more serious criminal breach of trust (CBT) charge under the Penal Code.

The 5-judge Court of Appeal agreed with the High Court that an "agent" under Section 409 of the Penal Code does not include directors of corporations, governing board members, key officers of charities or officers of societies. An "agent" under Section 409 must refer to "professional agents", who offer their agency services as a "commercial activity" for profit – which the church leaders did not.


City Harvest Church appeal: Jail terms for Kong Hee and five other leaders reduced
City Harvest Church founder Kong Hee (Photo: Yahoo Singapore)

City Harvest Church (CHC) founder Kong Hee and five other church leaders lost their appeal against conviction but had their jail terms reduced on Friday (7 April) over an elaborate $50 million financial fraud after exhaustive investigations and legal tussles lasting about seven years.

In a courtroom packed with reporters, CHC members and members of the public, the High Court panel of judges, comprising Judge of Appeal Chao Hick Tin, and Justices Woo Bih Li and Chan Seng Onn, reduced the jail terms of Kong to three years and six months from eight years; Deputy Senior Pastor Tan Ye Peng to three years and two months from five years and six months; former board member John Lam to one year and six months from three years; former fund manager Chew Eng Han to three years and four months from six years; former finance manager Serina Wee to two years and six months from five years; and Wee’s successor, former finance manager Sharon Tan to seven months from 21 months.

The appeal outcome was a split decision, with Justice Chan dissenting from the majority view of the other two judges.

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Full Coverage:
Court dismisses bid for longer sentences for Kong Hee, former church leaders
Prosecution's bid to reinstate longer jail terms rejected by Apex court
Apex court rejects longer jail term in City Harvest Church fraud case
Shanmugam to make ministerial statement on City Harvest Church ruling
Pastor in Singapore church fraud escapes harsher jail term
Court of Appeal rules against longer jail sentences for Kong Hee & CHC convicts
Singapore CHC's Kong Hee 'at peace' with apex court's verdict
City Harvest case: Shanmugam to make ministerial statement in Parliament
City Harvest case: Is this the end of the saga? Here's all you need to know
Kong Hee 'looking forward to finis jail', wife Sun Ho thankful to all in spite of
AGC to work on legal revisions to ensure 'appropriate punishments' for CBT
Apex Court dismisses bid for harsher punishments for Kong Hee & former leaders
Shanmugam to make ministerial statement in Parliament on CHC ruling
Apex court upholds shorter jail term of former City Harvest Church leaders
City Harvest Church: Jail terms maintained for Kong Hee & other ex-leaders
Convicted CH Church leaders back in court for conclusion to marathon case
TODAY's morning brief for Thursday, Feb 1
Singapore's court to rule on City Harvest Church criminal reference today
Shanmugam to make statement in Parliament on City Harvest Church case
City Harvest verdict: AGC to work with ministries on revisions to Penal Code

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