Goh Soh Leng @ Tan Swee Leng v Public Prosecutor

JurisdictionSingapore
JudgeWong Keen Onn
Judgment Date31 October 2002
Neutral Citation[2002] SGDC 283
Published date19 September 2003
CourtDistrict Court (Singapore)

Judgment

GROUNDS OF DECISION

The charges

1. The accused pleaded guilty before me to the following charge :

"DAC 30548/02 (Exhibit P1)

You,

Goh Soh Leng @ Tan Swee Leng Female / 36 years,NRIC: S 2534895H

are charged that you, on or about a day in March 2001, in Singapore, did corruptly give a gratification of a sum of $1,200 to one Wong Yew Ngiet, Jay, the Managing Director of KC & W Engineering and Construction Pte Ltd, as a reward for providing a false Letter of Award dated on 1st November 2000 which stated that DC Design Furniture & Contract awarding a reconstruction contract to Yau Maintenance Services Pte Ltd for an amount of $173,412, and you have thereby committed an offence punishable under Section 5(b)(i) of the Prevention of Corruption Act, Cap 241."

2. Upon her conviction on these charges, the Accused admitted to the other charge under section 417 of the Penal Code and consented to having it taken into consideration for the purpose of sentencing.

Facts

3. The Accused admitted without qualifications to the following Statement of Facts:

"Statement of Fact

(1) The accused, Goh Soh Leng (B1), has been the Managing Director of Yau Maintenance Service Pte Ltd (YMSPL) since 1995. YMSPL, located at Block 5038 Ang Mo Kio Industrial Park 2, #01-411, Singapore 569541, provides maintenance work such as cleaning services.

Information

(2) On 30th June 2001, the Bureau received information of suspected corruption in the issuing of work permits to workers of Fastec Management Pte Ltd by officers from the Ministry of Manpower.

Investigation

(3) Investigation did not disclose any evidence that any official of the Ministry of Manpower had been involved in corruption.

(4) In the course of the investigation, it was revealed that contractors in the construction industry could apply for a Prior Approval from the Ministry of Manpower for the recruitment of foreign workers to work in a building project. In the application forms to the Ministry of Manpower, the contractors had to declare to the Ministry of Manpower the project details and state that the contractors were truly engaged in the building project. Upon approval, the Ministry of Manpower would issue the Prior Approval stating the number of Man-Year Entitlement for that particular project. The Man-Year Entitlement can then be used to obtain the necessary number of foreign workers for the project.

(5) Investigation also revealed that in early February 2000, the accused needed to obtain work permits for four foreign workers. The accused was informed by her husband, Loo Ngee Yau that one Jay Wong Yew Ngiet was able to provide her with a fake Letter of Award for a contract or sub-contract. Such a Letter of Award could be used to apply for work permits she needed, from the Ministry of Manpower. The accused talked to Jay Wong Yew Ngiet over the phone and it was agreed that the said Jay Wong Yew Ngiet would be given $300 for each foreign worker obtained through the means of the fake Letter of Award.

(6) Jay Wong Yew Ngiet then approached one Chew Cheng Hai, an employee of DC Design Furniture & Contract, and asked him to provide a fake Letter of Award in favour of YMSPL. Chew Cheng Hai then forged a Letter of Award (dated 1st Nov 00) and gave it to Jay Wong Yew Ngiet. For his services, Chew Cheng Hai received $1,200 from Jay Wong Yew Ngiet. Subsequently, in October 2000, Jay Wong Yew Ngiet handed over to the accused, the following documents at her office in Ang Mo Kio Industrial Park 2:

a. Fake letter of Award on the subcontract between DC Design and YMSPL (dated 1st Nov 00)

b. Man-Year Cert (Cert no. 0009073 dated 19th Sep 00) of DC Design and Furniture Contract,

c. Letter of Award on the main contract between Mtech Consultants & DC Design (dated 15th Jun 00).

(7) Subsequently sometime in March 2001, the accused, in the presence Loo Ngee Yau, corruptly gave a sum of $1,200 cash, in denominations of $100 and $50, to Jay Wong Yew Ngiet in her office as a reward for providing the fake Letter of Award from DC Design Furniture & Contract to YMSPL."

Mitigation and Submission

4. The Accused is 36 years old and married with two children. She is a first offender and had pleaded guilty at the first opportunity. Counsel who was representing both the Accused and her spouse, pointed out that she did not initiate the idea of offering a bribe to the Managing Director of the related company. Counsel informed the Court that the Accused’s company only stood to gain $30 per month for cash worker that was approved by MOM. He also added that the Accused withdrew the application on 26 March 2002 when the four workers, whose permits application were submitted to MOM, were arrested on 13 February 2002. The Court was told that the Accused is suffering from thyroid problem and she is financially supporting her aged parents as well as her four young children. She has also been donating towards the funeral expenses of needy individuals and/or their families. She pleaded for the Court to impose a fine instead of a custodial sentence.

5. On the other hand, the prosecution pressed for a custodial sentence. The Accused had...

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