A LAWYER acting for Shi Ming Yi, founder and former chief of Ren Ci Hospital, yesterday made a novel argument in a rare move to transfer his criminal trial from the Subordinate Courts to the High Court.
The reason: the former head of the Commercial Affairs Department (CAD), which investigated Ming Yi, is now the top judge at the Subordinate Courts.
THE provision in the Criminal Procedure Code (CPC) that allows the High Court to order a criminal case to be transferred from the Subordinate Courts is rarely invoked.
There have been only three such applications to the High Court in the last four years, according to figures from the Supreme Court up till August last year.
But Deputy Public Prosecutor Jaswant Singh opposed the application, calling it a delay tactic and arguing that it undermines public confidence in the lower courts.
Ming Yi, 46, a Buddhist monk, faces 10 charges of forgery, providing false or misleading information to the Commissioner of Charities, conspiracy to falsify a payment voucher and misappropriation of Ren Ci funds.
Senior Counsel Andre Yeap, who leads his defence team, argued there is 'reasonable apprehension' in the minds of the accused and the public, that a fair trial may not be possible, but he also stressed that he had no intention of impugning the integrity of the courts.
It is believed to be the first time in Singapore that such grounds have been raised and to support his case, Mr Yeap cited court rulings in India.
Lawyer Ng Lip Chih, acting for Ming Yi's former personal executive Raymond Yeung Chi Hang, 33, who faces two joint charges, said he was taking the same position.
Mr Yeap's arguments centred on the fact that Senior District Judge (SDJ) Tan Siong Thye had personally led the investigations against Ming Yi when he was head of CAD.
Mr Tan, who was with CAD from 1999 to May last year, was appointed SDJ in August.
Mr Yeap contended that although Mr Tan was not the actual investigator, details of how the probe was going would be reported to him and he would have approved the decision to recommend Ming Yi to be prosecuted. Now, as SDJ, he is responsible for the assessment of district judges and their career development.
Read the full story in today's edition of The Straits Times.
