LIM TION CHOON (LIN CHANGCHUN) v PUBLIC PROSECUTOR
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Case Significance
Lim Tion Choon (Lin Changchun) v Public Prosecutor [2024] SGHC 303 is a reserved judgment of the General Division of the High Court by Dedar Singh Gill J, heard on 2 and 26 July 2024 and delivered on 29 November 2024 in Magistrate's Appeal No 9150 of 2023/01. The Appellant appealed against his conviction and sentence imposed by the District Judge. He had faced a single charge under s 6(b) read with s 29(a) of the Prevention of Corruption Act (Cap 241, 1993 Rev Ed), was convicted after a 34-day trial, and sentenced to six weeks' imprisonment. Dedar Singh Gill J allowed the appeal and acquitted the Appellant.
The charge alleged that on 10 January 2013 the Appellant, an employee of Costank (S) Pte Ltd, conspired with one Wu Yipeng to corruptly give a gratification of US$12,000 to a marine surveyor, Seah Seng Chuan, as a reward for under-declaring the opening sounding of marine fuel oil on board the vessel MV Sakura Princess (the "Buyback Scheme"). The charge also alleged that US$40,000 was given to one Tan Shin Yam Tommy in pursuance of the conspiracy. The Appellant was represented by Suresh s/o Damodara of Damodara Ong LLC. The judgment referenced the Criminal Procedure Code and the Prevention of Corruption Act.
Summary
Lim Tion Choon (Lin Changchun), an employee of Costank (S) Pte Ltd, appealed against his conviction and six-week imprisonment sentence on a single charge under section 6(b) read with section 29(a) of the Prevention of Corruption Act, which alleged that he had conspired to corruptly give gratification to a marine surveyor as a reward for under-declaring the fuel oil sounding on board a vessel. The General Division of the High Court found the evidence, including issues affecting the testimonies of key witnesses and inconclusive call records, did not lead to the inexorable and irresistible inference that the appellant was involved in the conspiracy. The court held that a critical element of the charge had not been proved beyond a reasonable doubt and allowed the appeal, acquitting the appellant.
What did the court decide in Lim Tion Choon v Public Prosecutor [2024] SGHC 303?
In Lim Tion Choon (Lin Changchun) v Public Prosecutor [2024] SGHC 303, Dedar Singh Gill J allowed the appeal and acquitted the Appellant, who had been convicted after a 34-day trial under s 6(b) read with s 29(a) of the Prevention of Corruption Act and sentenced to six weeks' imprisonment.
What was the corruption charge in Lim Tion Choon v Public Prosecutor?
In Lim Tion Choon v Public Prosecutor [2024] SGHC 303, the charge alleged that on 10 January 2013 the Appellant conspired with Wu Yipeng to corruptly give US$12,000 to marine surveyor Seah Seng Chuan for under-declaring marine fuel oil on board MV Sakura Princess.
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Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2024] SGHC 303)