City Harvest
trial: 6 leaders found guilty on all charges, out on bail
SINGAPORE: All six City Harvest Church (CHC) leaders facing
charges including criminal breach of trust and falsification of
accounts were found guilty on all counts on Wednesday (Oct 21).
Following the judgment, the church said all six are now taking
legal advice, with some of their lawyers suggesting their clients
may appeal the sentence. All have been released on bail of between
S$750,000 and S$1 million, though overseas travel is not
permitted.
Sentencing will take place at a later date, with the court due
to hear submissions from defence and prosecution lawyers from Nov 6
to 20.
In a statement released later on Wednesday, the National Council
of Churches said it was "saddened" to learn of the verdict, calling
it a reminder for the community to pay greater attention to church
governance and the management of funds.
The six leaders of the church - founder and senior pastor Kong
Hee; deputy senior pastor Tan Ye Peng; former church board member
and Chairman of CHC's Investment Committee John Lam Leng Hung;
former church board and CHC Investment Committee member Chew Eng
Han; and former finance managers Sharon Tan and Serina Wee - were
each convicted on between three and 10 counts of criminal breach of
trust and falsifying church accounts.
"CONSPIRACY TO MISUSE CHURCH FUNDS"
Judge See Kee Oon – the Presiding Judge of Singapore’s State
Courts – said the six “engaged in conspiracies to defraud and
falsify accounts”, based on the “extensive documentary evidence”
unearthed during a 140-day trial that spanned three years.
He said two sets of bonds from music production firm Xtron and
glass manufacturer Firna "were not genuine investments ... and were
all wrong uses of CHC's funds". He added: "I do not see how they
can be said to have acted in good faith in relation to the charges
they face."
Said Judge See in his oral judgment: "I find that the accused
persons were variously inextricably entangled in two conspiracies
to misuse CHC’s funds. One conspiracy consisted of misusing
building fund monies for the Crossover, and the other involved
misusing CHC’s funds, a substantial portion of which comprised
building fund monies, to create the appearance of bond redemptions
and to defraud the auditors via falsified accounts through the
various roles they played.
"Each of them participated and functioned in their own way as
crucial cogs in the machinery."
The defence lawyers’ arguments – centering on the altruistic
motives of the six, who the lawyers argued did nothing for personal
gain, but out of a belief in the evangelistic mandate of the church
– did not negate their active and knowing participation in their
acts, said Judge See.
"They chose to participate in the conspiracy to misuse CHC’s
funds, which included siphoning off large amounts from the building
fun for Sun Ho’s music career and eventually for the round-tripping
transactions to enable the bond redemptions. They chose to defraud
the auditors with falsified accounts suggesting a series of genuine
transactions for the redemption of bonds and advance rental," he
said.
"The evidence points overwhelmingly to a finding that they had
all acted dishonestly and in breach of the trust reposed in them
and they played their respective roles in a conspiracy with intent
to cause wrongful loss to CHC and to defraud the auditors."
Kong and Lam were convicted on three counts of criminal breach
of trust; Tan Ye Peng, Chew and Wee each were found guilty of six
counts of criminal breach of trust and four counts of falsifying
the church's accounts; while Sharon Tan was convicted on three
counts of criminal breach of trust and four counts of falsifying
the church's accounts.
"WE ARE DISAPPOINTED BY THE OUTCOME"
The six were first charged in court in June 2012 for
misappropriating S$24 million of church funds to finance the
Crossover Project. Another S$26 million was used to cover up the
initial amount through sham investments in two companies owned by
CHC supporters, music production firm Xtron and glass manufacturer
Firna, the court heard.
Kong's wife, Ho Yeow Sun, was the face of the church's Crossover
Project meant to turn her into a pop star, with the aim of
evanglising through popular music.
Ho, in a statement posted on the church Facebook page within an
hour of the judgement, said they were "disappointed" by the
outcome, but called on the church to continue to focus on its core
mission.
"This protracted season has been extremely difficult, not just
for the six, but also for all their families and friends, as well
as for our congregation. More than ever before, let’s have a unity
that is unbreakable," she wrote.
"Pastor Kong and I are humbled by the tremendous outpouring of
love and support shown to us during this time. We thank you for
your prayers. Please continue to pray for Pastor Kong, Pastor Tan,
John Lam, Sharon, Serina and Eng Han."
She added: "Since 2012, we have had a new management and a new
Church Board running the operations of the church. Therefore, let’s
stay the course with CHC 2.0."
Of the six, Chew - the only one to represent himself during the
trial - told Channel NewsAsia that he was considering appealing the
judgment following the sentencing.
All were offered bail, with Kong, Tan Ye Peng, Lam and Chew set
at S$1 million. Wee and Sharon Tan had their bail set at S$750,000.
All six posted bail.
For each count of criminal breach of trust, the six accused
could face up to 10 years’ jail and a fine. The falsification of
accounts carries a jail term of up to 10 years and a fine.
The punishment for criminal breach of trust by a public servant,
banker, merchant or agent set out under Section 409 of the Penal
Code – the section under which all six accused have been convicted
– is a life sentence or up to 20 years’ jail.
However, the maximum sentences judges of the District Court can
impose is 10 years per charge, or an aggregate sentence of up to 20
years.
This means that the maximum punishment that can be meted out to
the six accused is 10 years’ jail per charge, with a total sentence
not exceeding 20 years’ jail.
- CNA/es
