Prosecution appeals for jail time for ex-Prive Group CEO

The former chief executive of food and beverage firm The Prive Group who assaulted a 13-year-old boy should be jailed for at least eight weeks, the prosecution told the High Court yesterday.

Deputy Attorney-General Tai Wei Shyong is appealing to overturn a 12-month mandatory treatment order (MTO) handed down to Vu Han Jean-Luc Kha, 44, by a district judge in March.

Under the MTO, Kha has to undergo treatment for the psychiatric condition that contributed to his offence, instead of going to jail.

Mr Tai said the facts of the case warranted a jail term and that handing down an MTO would send the wrong message on how public interest is protected.

He argued that Kha's mental disorder did not justify an MTO.

The French national went to a psychiatrist only on Nov 17, 2020, a year after he had verbally abused and punched the boy inside a lift.

Dr Ken Ung gave an initial diagnosis of adjustment disorder.

Kha then sought a second opinion at the Institute of Mental Health, and was diagnosed with bipolar disorder by Dr Pamela Ng on Feb 26 last year. He adopted that diagnosis in seeking an MTO.

But Mr Tai said Dr Ng's reports were premised on incomplete facts based on self-reported information from Kha. He said Kha failed to tell Dr Ng, among other things, the exact words he had used to abuse the victim and that he had punched the boy in the head.

"We believe that public confidence in the system would be eroded if, on these facts, the respondent is allowed to evade his just deserts by relying on a psychiatric decision which was diagnosed long after the incident and based on self-reported facts," he said in written submissions.

Defence counsel Teh Ee-Von cited other cases of offenders without mental disorders who were fined or given short jail terms for causing minor hurt to children.

She questioned why Kha should be punished more severely.

Ms Teh said her client did not know he had bipolar disorder before the incident, noting that mental disorders often go undetected.

She said Kha has shown rehabilitative potential and has since stopped drinking alcohol, which can exacerbate the symptoms.

Justice Vincent Hoong reserved judgment to a later date.

Kha had pleaded guilty to one count each of causing hurt and harassment.

On Nov 22, 2019, the victim, who was 13 years old then, and his younger brother, who was 12, were in a lift in Parklane Shopping Mall in Selegie at around 8.15pm when an intoxicated Kha and another man entered the lift.

Kha directed lewd comments at the victim, and for no apparent reason, punched the victim on his left temple, causing the boy to fall backwards against the lift's handrail.

He then hurled vulgarities at the victim, who grabbed Kha's hands so he would not hit him again.

Kha then exclaimed: "You want to challenge me? Why do you want to challenge me?"

The other man held Kha back and pushed him out of the lift on the first storey. But Kha refused to leave and slapped the victim.

The incident mentally scarred the victim, who suffered flashbacks and had difficulties sleeping.

For causing hurt, an offender can be jailed for up to two years and fined up to $5,000. For harassment, an offender can be jailed for up to six months and fined up to $5,000.