Wednesday, April 10, 2013

Sex-for-grades law prof "fabricated and exaggerated" some evidence says judge

Sex-for-grades law prof "fabricated and exaggerated" some evidence says judge

By Claire Huang
POSTED: 09 Apr 2013 4:13 PM

The sex-for-grades corruption trial is set to continue after the Chief District Judge said he found it hard to believe the law professor's claims that the Corrupt Practices Investigation Bureau threatened him into confessing.

SINGAPORE – The Chief District Judge said he finds it hard to believe the law professor's claims that the Corrupt Practices Investigation Bureau (CPIB) threatened him into confessing.

In deciding whether Tey Tsun Hang's six statements to the CPIB were made voluntarily or not, judge Tan Siong Thye said he is "of the view the accused had fabricated and exaggerated some of the evidence".

A key issue raised in the judge's 45-minute oral grounds for decision was why Tey did not complain about the CPIB officers to anyone.

If Tey's claims that the CPIB coerced him into making statements were true, the judge asked why Tey did not lodge a police report then.

Judge Tan said it is difficult to believe that Tey was coerced on all six occasions as he had opportunity to seek advice from his Dean from the law faculty at the National University of Singapore, as well as his fellow law professors.

He pointed out that there is no evidence that Tey had told the Alexandra Hospital medical team of the harsh CPIB treatment, so that the doctors could have taken some form of action.

Given that Tey was a former district judge, a former state counsel and a law professor, the judge said the accused should have known what he could have done.

The judge added that if Tey's claims were true, one would expect him to be subjected to the same harsh treatment when he made the cautioned statement, which listed the allegations against the CPIB.

He added that if the allegations were true, the CPIB officers would have recorded Tey's statement on 9 April 2012, when he went to the CPIB headquarters after leaving the hospital.

Instead, the judge pointed out that Tey was told to go back as he said he was not feeling well.

As for the alleged threats to arrest his wife, the judge said even if they were true, they were empty threats, simply because Tey's wife was overseas at that time and such arrests were not under CPIB's jurisdiction.

The other key issue relates to Tey's claims that he was on psychoactive medication during the period when he recorded the six statements.

Judge Tan said despite Tey being on medication, he could still recall "a tremendous amount" of detail of what took place.

The judge said the medication did not appear to affect Tey's mind as he had claimed.

As for Tey's claims that he was badgered, the judge said persistent questioning is part of essential interrogation and some discomfort is to be expected.

In this case, the judge said there is no evidence there was prolonged and harsh badgering which could result in oppression.

The judge added that Tey had three accounts of the allegations and the "shifting defence makes his case less likely to be believed".

Now that the CPIB statements are admitted, the main corruption trial will continue.

Tey, 41, faces allegations of corruptly obtaining gifts and sex from his former student, 23-year-old Darinne Ko, in return for lifting her grades sometime between May and July 2010.

- CNA/ck

- wong chee tat :)

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