Thursday, July 16, 2009

Condo glue case: Lower court to hear new evidence


Source : Straits Times – 16 Jul 2009

THE prosecution has appealed against a $1,200 fine handed down to the former chairman of the Laguna Park management committee for his acts of mischief.

The appeal came up for hearing in the High Court yesterday, but the case was sent back to the lower court for new evidence to be heard.

Businessman Lee Kok Leong, 62, was convicted in April over two mischief charges.

He admitted to inserting super glue into the keyholes of padlocks at the front and rear gates of Mr Yap Cher Sim’s flat in Block 5000E on Aug 25 last year. For that, he was fined $800.

The same day, he committed the same offence at another flat in the same block, belonging to Ms Alice Elizabeth Rappa, resulting in another $400 fine.

Lee could also have been jailed for up to a year for each offence.

The acts of vandalism occurred last July amid a row among residents over whether the condominium should be sold en bloc. Lee was caught in the act by a closed-circuit television camera installed by Mr Yap in the common corridor.

The prosecution appealed against the fine. It also applied for new evidence to be cited for the appeal.

Yesterday, Lee’s lawyer, Mr Ramesh Tiwary, sought an adjournment.

Judge of Appeal Chao Hick Tin noted that the prosecution was seeking to enter new evidence, but he could not hold a trial or make a determination based purely on affidavits.

‘There has to be a further hearing before some other tribunal,’ he said, referring to a provision on criminal procedure.

Deputy Public Prosecutor Jennifer Marie asked for the additional evidence to be recorded by the same district judge that sentenced Lee.

No details of the evidence were disclosed.

But Justice Chao described it as a ‘pertinent piece of evidence’, noting there were three affidavits from the prosecution and one from the defence.

The judge directed that the additional evidence be taken by the sentencing judge without him making any finding.


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