Former law prof Tey Tsun Hang's appeal hearing to continue despite his absence

Former law prof Tey Tsun Hang's appeal hearing to continue despite his absence

    By Kimberly Spykerman
    POSTED: 16 Oct 2013 11:47
    UPDATED: 16 Oct 2013 20:21
 
Former law professor Tey Tsun Hang did not show up for an appeal against his conviction for corruption which was slated to start on Wednesday.

SINGAPORE: Former law professor Tey Tsun Hang did not show up for an appeal against his conviction for corruption which was slated to start on Wednesday.

However, High Court judge Woo Bih Li decided to continue with the proceedings in his absence following a short stand down.

Mr Tey's lawyer, Peter Low, told the court on Wednesday morning that he was caught by surprise when his client did not show up. He was only informed shortly before 10am that Mr Tey was in Kuala Lumpur with his parents.

Mr Low also said he had no indication that Mr Tey, 42, would not be attending the appeal, adding that his client had always attended all proceedings in the past, including criminal motions.

He said his client had instructed him to proceed with the appeal.

On his part, Deputy Public Prosecutor Andre Jumabhoy said the court has the discretion to decide whether the appeal should be allowed to continue.

"Given the involvement the appellant has had in this appeal, his absence is worrying," Mr Jumabhoy had told the court.

But Judge Woo allowed the appeal to proceed.

He said before standing down the court, "I wonder what's the rationale for dismissing the appeal if the appellant isn't here but his counsel is, and he has instructions to proceed with the appeal."

"I wonder why the absence of good reasons should indicate why the court should dismiss the appeal," the judge said.

And noting that court dates were set according to Mr Tey's request, the judge added: "One would have thought he's the one most interested in the outcome."

Mr Tey became a free man earlier this month, after serving a five-month jail term for six counts of corruption obtaining gifts and sex from former student Darinne Ko.

Part of his sentence was served on home detention.

In court on Wednesday, Mr Low argued that Mr Tey and Ms Ko were in a mutually-loving relationship, and this was the context in which the gifts were given.

He pointed to two cards that Ms Ko wrote to the former law professor, in which she articulated her feelings for him.

"My point is that their relationship was not one-sided... if you look at the cards, it was not one sided.," he said, adding that there was "reasonable doubt" whether the gifts were given by Ms Ko and accepted by Mr Tey with the expectation of favour being shown on the part of the former law professor.

Mr Low also took the court through several instances where Mr Tey said he had been threatened and "badgered" by officers from the Corrupt Practices Investigation Bureau (CPIB) during investigations.

"He was in a fragile state of mind...and they took advantage of his physical and mental condition, and coerced him into agreeing to statements," said Mr Low.

The hearing continues on Thursday.

- CNA/fa/gn

- wong chee tat :)