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City Harvest leader wants to hire Queen's
Counsel
He says he cannot find senior counsel to
represent him
Chew Eng Han said most senior
counsel in Singapore cannot represent him for various reasons. --
ST FILE PHOTO
By JENNANI DURAI
ONE
of the ministry leaders accused of conspiring to cheat City Harvest
Church of more than $50 million is applying to hire a Queen's
Counsel (QC) - the most elite of British lawyers - to represent him
here.
Chew Eng Han, 52, the church's investment manager,
told The Straits Times he is taking the unusual move because he
could not find a senior counsel to represent him.
The mega church's senior pastor Kong Hee and five
other key ministry leaders, including Chew, were arrested and
charged in June with conspiring to cheat the church of millions of
dollars.
They are alleged to have funnelled $24 million into
sham bond investments to further the music career of Kong's pop
singer wife, Ho Yeow Sun.
They are also alleged to have misappropriated a
further $26.6 million in church funds to cover up the first
amount.
QCs are specially appointed senior barristers
recognised for their specialised skills and expertise.
"I've gone through the list of senior counsel many
times, and most of them can't do it for various reasons," Chew
said. He added that he wanted a lawyer who was an elite in his
profession and who had experience in cases of this nature, so as to
not short-change himself, as he was central to the court case as
the church's investment manager.
"This is the least I need to do for my family, to get
the best legal representation to clear my name and to establish my
innocence," he said.
Chew, deputy pastor Tan Ye Peng, 39, church finance
manager Sharon Tan, 36, and former finance manager Serina Wee, 35,
face between seven and 10 charges of criminal breach of trust and
falsifying accounts. Kong, 47, and former church management board
member John Lam Leng Hung, 44, each face three charges of criminal
breach of trust.
With the exception of Kong, who will be represented by
MP Edwin Tong, all the other accused have hired senior counsel (SC)
to represent them.
Chew's move to get a QC comes after the firm he
originally hired, Rajah and Tann, was discharged from representing
him in court after the last pre-trial conference in October.
It is understood this decision was made by the firm to
avoid any possible conflict in the case, as Rajah and Tann was one
of the firms involving in drawing up the original documents for the
bond investments. Chew said the other firm involved was Drew and
Napier.
Chew was to have been represented by Senior Counsel
Francis Xavier, who is overseas and could not be reached for
comment. Ms Tan Wen Hsien, a senior associate at Rajah and Tann,
confirmed that the firm was no longer representing him.
In addition to the law firms involved in drawing up
the bond documents, those representing the other defendants decided
they could not represent more than one to avoid a potential
conflict of interest, said Chew.
There are 65 SCs in Singapore, 10 of whom are in firms
that were involved in drawing up the bond documents and 13 of whom
are in firms that are representing the other accused. Another 22 of
them are professors or judges or are attached to the
Attorney-General's Chambers.
Chew said he had already met a QC to represent him,
but declined to reveal his name. He said he plans to submit his
application early next month. A hearing will then be held to
determine if a QC can be admitted for the case.
Before the law was changed in April, the main
consideration for allowing a QC was whether the case was complex
enough to justify one. This is now only one of several
considerations. A senior member of the law profession, who declined
to be named, said Chew has a "strong argument" for getting a QC.
"One of the things the court can take into consideration is
equality in terms of representation, as almost all the other
defendants are represented by SCs. The complexity of the case does
appear to indicate that you do need an SC. If he feels he needs an
SC to represent him but can't find one because they are either
conflicted or already engaged by someone else, I think it would be
a relevant consideration."
The senior lawyer added that it is mandatory for the
application for a QC to be served on the Attorney-General's
Chambers and the Law Society, which will both have the option of
giving their views on the matter during the hearing. The ultimate
decision, however, lies with the court.
Representatives for each of the accused will meet in
court today for a pre-trial conference. All six have indicated that
they are likely to plead not guilty and will claim trial.
Top
Of The News, The Straits Times Thursday, December 6 2012, Pg A9
