Howard Shaw sentenced to 3 months' jail; out on bail
pending appeal
SINGAPORE: Former executive director of the
Singapore Environment Council, Howard Shaw, has been sentenced to
three months' jail for having paid sex with an underage
girl.
The 41-year-old grandson of the founder of Shaw
Organisation admitted in June to paying a 17-year-old girl S$500
for sex in October 2010.
In the prosecution's submissions, it stated that the
offence warrants a custodial sentence and urged the court to mete
out a three-month jail term to Shaw.
The prosecution said the minor involved is "worthy" of protection
as stated under the law.
Adding that the extent of the culpability depends on whether Shaw
tried to verify the minor's age, the prosecution pointed out the
accused took absolutely no steps to ascertain the girl's age.
The prosecution said having done nothing to ascertain the girl's
age yet the defence asked for a non-custodial sentence is something
that "cannot be done".
If the minor refuses to show documents to confirm her age, the
prosecution said a patron should walk away "as due
diligence".
However one may view the minor's actions, the prosecution also said
the focus should be on Shaw's actions and a deterrent sentence is
called for.
But defence lawyer Harpeet Singh Nehal pointed out the girl was
about 17 years and seven months old at the time of the offence,
five months short of the legal age of 18.
With no criminal intent and pre-meditation, he said Shaw made an
"honest and reasonable mistake".
The reasonable mistake was that the minor showed no signs of her
age, either in appearance or behaviour.
Mr Nehal added "there was fraudulent misrepresentation in this
case", as the minor "colluded" with the pimp to hide her real
age.
He added that the minor was neither coerced into having sex nor was
she a victim of human trafficking.
Given the circumstances, Mr Nehal asked for a conditional discharge
or a fine.
But this cut no ice with the district judge See Kee Oon, who laid
out two key areas in his consideration of the sentence - the
relevance of due diligence of Shaw in ascertaining the girl's age
and whether he committed an honest and reasonable mistake as
claimed by the defence.
On Shaw's claims that he was convinced from the website profile of
the girl and from her behaviour and demeanour that he believed her
to be of age, the judge said "perception is subjective and prone to
error and bias".
While the district judge said Shaw was looking for services from an
18 year-old and that he was honestly mistaken, he pointed out that
Shaw never asked about the girl's age.
The judge also said Shaw should not have been guided by his
"subjective belief".
"He chose not to ask. He had allowed himself to be deceived."
He added that the girl's conduct, even if fraudulent, should not be
used to assess Shaw's.
Mr Harpeet Singh has indicated in court that his client intends to
appeal against the decision.
Shaw will be out on bail of S$10,000 pending appeal.
He is the second of the 51 men to be dealt with in the online vice
ring crackdown.
In April, former principal of Pei Chun Public School, Lee Lip Hong
was sentenced to nine weeks' jail for a similar offence with the
same underage girl.
The 39-year-old was released from Changi Prison in June after
serving six weeks' jail.
The early remission was because of his good behaviour.
-CNA/ac/ck
