Prosecution not appealing against ex-CNB chief Ng Boon Gay's acquittal

The prosecution is not appealing against the acquittal of former anti-narcotics chief Ng Boon Gay, said the Attorney-General's Chambers on Tuesday, the day of the appeal deadline.

The AGC said in a statement on Tuesday that where legal principles are concerned, the district judge had agreed with the key submissions of the prosecution.

"No proposition of law emanating from the Grounds of Decision requires clarification by the High Court," said a spokesman.

"Where the facts in this case were concerned, the learned District Judge's Grounds of Decision stressed his reliance on his personal assessment of the witnesses and their credibility. In this regard, none of the learned DJ's findings of fact are of a nature that would in our view necessitate an appeal."

Mr Ng, 46, was acquitted by District Judge Siva Shanmugam on Feb 14 of corruptly obtaining sexual favours from Ms Cecilia Sue four times in 2011, in exchange for furthering business interests of her then-employers Hitachi Data Systems and Oracle Corporation Singapore.

The judge noted in his grounds of decision that there was no evidence to show that Mr Ng had thought his trysts with Ms Sue were bribes. The four instances of oral sex at public carparks were part of an intimate relationship, and Mr Ng had "no ulterior motive in obtaining them". He added that the couple's intentions were "innocuous in giving and receiving" oral sex.

Mr Ng was also not involved in the analysis leading to recommendations by his CNB evaluation committee when it came to IT bids that Ms Sue dealt with. He also did not influence the work of the independent evaluation committee.

Furthermore, the prosecution's key witness, Ms Sue, had been successfully impeached over numerous discrepancies in her testimony. The judge wrote: "The discrepancies went towards the crux of the charges."

The Prevention of Corruption Act states that a civil servant who obtains gratification from someone who has or is seeking business dealings with the Government is presumed to have done so corruptly, the judge said. The onus was then on the civil servant to prove otherwise, which Mr Ng did, ruled the judge.

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