District Judge Soh Tze Bian:
Introduction
The accused person (AP), male/66 years old, a Singapore citizen, claimed trial to the charge in DAC 016611/2011 that he, between 27 March 2009 and 10 September 2009, in Singapore, being the Principal of Maris Stella High School and in such capacity entrusted with dominion over property belonging to the School, namely, funds in the School Chapel Building Fund account with United Overseas Bank Ltd (UOB) account (no. XXX), did dishonestly misappropriate a total sum of $67,679.05 from the said account and he has thereby committed an offence punishable under Section 408 of the Penal Code (Cap 224) with imprisonment for a term which may extend to 15 years, and shall also be liable to fine. Another 20 similar charges were stood down on the application of the prosecution. The proceeded charge in DAC 016611/2011 pertained to the dishonest misappropriation of $67,679.05 from MSHS’s Chapel Building Fund, UOB account, XXX (UOB Chapel Building Fund account) via 6 cashier’s orders, for 3 expenses in relation to works at the Champagnat House (CH) as follows:
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| Date | Payment amount | Item | Recipient |
| 27 March 2009 | $25,394.05 | Granite works | Dalmech |
| 27 March 2009 | $1,605.00 | Granite works | Dalmech |
| 27 March 2009 | $7,791.00 | Kitchen appliances | Mustafa |
| 27 March 2009 | $3,859.00 | Kitchen appliances | Mustafa |
| 30 July 2009 | $11,600.00 | Stained Glass Works | Genesis |
| 10 September 2009 | $17,400.00 | Stained Glass Works | Genesis |
The prosecution called 6 witnesses to the stand and they were as follows:
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| Name | Designation | Role | Court Marking |
| Mr Richard Wong Peng Kong | DSO, Financial Investigation Branch ,CAD | Investigation officer | PW1 |
| Mr Muthiah s/o N. Veerapan | Cashier, Mohamed Mustafa & Samsuddin Co Pte Ltd | issued the bill for purchases paid by the AP | PW2 |
| Cheng Liang Gek | Architect, M/s Arts & Architecture Collaborative | architect in charge of the project to rebuild Champagnat House | PW3 |
| Chin Hon Mann (Brother Thomas Chin) | Local Superior of the Marist Brothers in Singapore | in charge of supervising the rebuilding of Champagnat House | PW4 |
| Charlene Soon Feng Huang | Former Admin clerk of MSHS | Did clerical work at MSHS | PW5 |
| Yap Han Hoe | Managing Director, Star Freight Pte Ltd | Vice-chairman of Maris Stella High School Board of Management (BOM) | PW6 |
The main issue at the trial was whether the AP made the payments out of the UOB Chapel Building Fund account dishonestly. The trial took place over a period of 10 days between October 2012 and February 2013. Having considered the written submissions and replies of the parties (which they had been directed by the Court on 5 February 2013 to file respectively by 15 March 2013 (and later extended to 22 March 2013 at the request of both parties) and 28 March 2013 (and later extended to 4 April 2013 at the prosecution’s request) together with the evidence that had been adduced during the trial, which was duly recorded by the digital audio recording and transcription (“DART”) system, I was satisfied that the prosecution had established its case beyond reasonable doubt against the AP at the close of the trial and I convicted the AP of the charge preferred against him on 24 April 2013.
Agreed Statement of Facts (ASOF)
In the course of the trial, both parties managed to draw up an Agreed Statement of Facts (ASOF) (in C2), thereby obviating the calling of several witnesses to testify in Court on the voluminous documents tendered by them for the trial. By this very pragmatic and focused approach to fulfilling their duties to the Court and to their respective clients, both parties have saved considerable time for the witnesses, the investigators and the Court. I am therefore deeply appreciative of the pre-trial work done by both parties. The ASOF sets out the following salient facts: Between 27 March 2009 and 10 September 2009, the AP was the Principal of Maris Stella High School (MSHS) and as Principal of MSHS was entrusted with dominion over monies in United Overseas Bank (UOB) Account No. XXX (“MSHS Chapel Building Fund”). This UOB account was first opened with the then Chung Khiaw Bank Upper Paya Lebar Branch on 17 August 1989 with the AP and his then 2 Vice-Principals (VPs), Ms Goh Boon Hia, and Mr Ng Meng, as the authorized signatories and any 2 of these 3 signatories may operate the account. By way of six UOB Cashier’s Orders between 27 March 2009 and 10 September 2009, the AP withdrew $67,679.05 from the MSHS UOB Chapel Building Fund with UOB account no. XXX, The said withdrawals of $67,679.05 from the UOB account which were for payments for 3 items for the Champagnat House (CH) were made to: Tey Choon Kiat of Dalmech Enterprise Pte Ltd (Dalmech) of a total sum of $26,999.05 ($25,394.05 + $1,605) for the supply of granite and labour for the granite cladding for the new building at the CH as PW3 had forwarded to the AP (copied to PW4), inter alia, two invoices issued by Dalmech to: “Marist Brothers of Singapore 15 Flower Road Singapore 459404”, and later forwarded to the AP two amended invoices issued by Dalmech to: “Bro Anthony Tan Maris Stella High School 25 Mount Vernon Road Singapore 368051”. Muthiah S/O N. Veerappan of Mohamed Mustafa & Samsuddin Pte Ltd (“Mustafa”) of a total sum of $11,650 ($7791 + $3859) for the purchase of kitchen appliances (fridges, ovens. Hobs, dryer and wine coolers) for use at the CH. Goh Shih Tien of Genesis Stained Glass Pte Ltd (Genesis) of a total contract sum of $29,000 for the supply and installation of stained glass for the new building at CH. On 24 September 2009, by way of 5 UOB Cashier’s Orders, the AP reimbursed $67,654.05 to the MSHS Chapel Building Fund in the UOB account. At its various meetings between 24 March 2000 and 2 November 2009 (many of which were attended by PW4 and PW6 although both were absent at some of these meetings), the MSHS Board of Management (BOM) did not discuss or make any rule and/or issue any directive or guideline pursuant to article 12 of its Constitution. between 26 June 2002 and 7 June 2005, the AP credited into the Marist Brothers general bank account sums of money as follows: (a) 2002: $76,005.21; (b) 2003:$131,200.67; (c)2004: $109,620.41; (d) 2005: $151,064.13; and (e) 2010: $200,000. on 10 September 2009, the AP, Mrs Maria Koh, Mdm Goh Swee Yeong and Tan Yong Liang confirmed that MSHS held 19 bank accounts which collectively contained $9,093,675.84, including a sum of $449, 268.71 in the MSHS Chapel Building Fund in UOB Account No. XXX from which the AP had withdrawn $67,679.05 by way of six UOB Cashier’s Orders between 27 March 2009 and 10 September 2009. MSHS was incorporated in Singapore on 19 July 2011 and the land on which MSHS is built is owned by The Visitor In Hong Kong Of The Institute Of Marist Brothers Of The Schools, incorporated by virtue of The Institute Of The Marist Brothers Of The Schools Incorporation Ordinance of 30 June 1997. the land on which CH is built is owned by The Titular Superior Of The Institute Of The Marists Brothers Of The Schools In The Federation Of Malaya by virtue of The Titular Superior Of The Institute of The Marist Brothers Of The Schools (Incorporation) Ordinance of 5 December 1958. the Marist Brothers Singapore Ltd was incorporated on 30 November 2011. the various appointments/tenure in MSHS and its BOM composition as well as the Marist Brothers were as follows : Brother Robert Teoh was: (1) Vice Provincial, East Asia Province; (2) Co-ordinator for China sector; (3) Brother Provincial [2006 - 2010]. PW4 was : (1) Brother Provincial [1997 – 2005]; (2) local Superior, Marist Community Singapore [2006 – current]; (3)Supervisor, Catholic Kindergarten. Dato Low Tuck Kwong was: (1) BOM Vice Chairman: 2000 – 2003; (2) BOM Chairman: 2004 – current. PW6 was: (1) BOM Member: 2000 – 2003; (2) BOM Vice Chairman: 2004 – present. AP was : Principal, MSHS: 1984 – 2009 (retired in 2009)
The Close of the Prosecution’s Case
At the close of the prosecution’s case, I applied the test in Hwa Tua Tau v PP [1980-1981] SLR 73 and was satisfied that based on the ASOF, the documentary evidence and the oral evidence of the prosecution witnesses, a prima facie case had been established against the AP on each element or ingredient of the proceeded charge for which the AP faced, which if unrebutted, would warrant his conviction. Accordingly, I administered the standard allocution to the AP and called for his defence. The AP elected to give evidence in his own defence. All the oral evidence adduced by both parties during the trial was duly recorded by the digital audio recording and transcription (“DART”) system.
Court’s assessment of the evidence and findings of facts
In my view, all the evidence which has been adduced by the prosecution to prove its case is credible and there is no reason to doubt the veracity of any of the evidence. This includes the documentary evidence (P1 to P22), as well as the oral evidence of the prosecution witnesses (PW1 to PW6).
Documentary evidence
The documents for the trial were either admitted by consent or were unchallenged by both the prosecution and the Defence. There is also no reason to suspect that the contents of any of these documents are false or inaccurate. The only exception would be the first minutes of meeting of the BOM which was held on 24 March 2000, an agreed exhibit wherein it was reflected that the Constitution had been distributed to the BOM at the meeting. This was disputed by PW6 who testified that he had only received the Constitution in 2006 when he was asked to assist the Attorney-General’s Chambers in an unrelated civil dispute involving MSHS. With respect to the first minutes of meeting of the BOM, it should be noted that a...
