SINGAPORE: A Ministry of Foreign Affairs (MFA) director-general who was given a week's jail for lying over the use of a diplomatic bag service saw his appeal against the sentence dismissed on Monday (Feb 10).
Gilbert Oh Hin Kwan, 46, pleaded guilty last April to giving false information to a public servant after lying to his superior that luxury watches and other items found in a package belonged to his father.
Delivering his decision on the appeal in a brief hearing on Monday (Feb 10), Justice Dedar Singh Gill upheld the lower court's sentence, saying that the district judge had analysed the facts and case law accurately.
The judge said that his full grounds of decision will be made available.
Oh, who appeared in the dock, was expressionless as the decision was read out.
His lawyers from WongPartnership, led by Senior Counsel Tan Chee Meng, said Oh was ready to commence his jail term on Monday, but asked for his client to surrender himself half an hour after proceedings.
Justice Gill gave Oh 15 minutes to speak to family and friends who were present in court.
Oh had sought to use the diplomatic bag service to convey watches and other items from China to Singapore. The items belonged to Oh's friend in China, and Oh had agreed to help take them to Singapore as a personal favour.
Diplomatic bags are used to send documents or items for official use. Under the Vienna Convention, they cannot be opened or detained.
Oh had an unwitting colleague help convey the package via the diplomatic bag service on a flight from China to Singapore in January 2023.
The colleague ended up carrying the package in his luggage as the diplomatic bag service was suspended at that point, and the package was discovered subsequently.
Worried that his career progression might be derailed by potential disciplinary action, Oh told MFA that the watches belonged to his father, believing that the MFA would be more lenient than if he told the truth.
After Oh pleaded guilty in the State Courts, he was sentenced to a week's jail by a district judge, despite both the prosecution and Oh's lawyer asking for fines.
District Judge Sharmila Sripathy-Shanaz had said that among other reasons, the offence risked diminishing the credibility of MFA and the public service as a whole, and that Oh had been a high-ranking public servant seeking to subvert investigations.
Oh sought to appeal against his sentence in the High Court in October last year, where the prosecution argued for the jail term to be upheld.
Oh's lawyers argued for the jail term to be set aside and questioned the prosecution's change in stance from a fine to a jail term.
Proceedings were adjourned after Justice Gill asked the prosecutor to produce letters exchanged between the prosecution and the defence relevant to Oh's plea of guilt.
In previous proceedings, the court heard that Oh had offered his resignation, but that this could not be processed while his case was ongoing. CNA has reached out to MFA for an update.
The penalty for giving false information to a public servant is imprisonment for up to two years, a fine, or both.
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Gilbert Oh Hin Kwan, 46, pleaded guilty last April to giving false information to a public servant after lying to his superior that luxury watches and other items found in a package belonged to his father.
Delivering his decision on the appeal in a brief hearing on Monday (Feb 10), Justice Dedar Singh Gill upheld the lower court's sentence, saying that the district judge had analysed the facts and case law accurately.
The judge said that his full grounds of decision will be made available.
Oh, who appeared in the dock, was expressionless as the decision was read out.
His lawyers from WongPartnership, led by Senior Counsel Tan Chee Meng, said Oh was ready to commence his jail term on Monday, but asked for his client to surrender himself half an hour after proceedings.
Justice Gill gave Oh 15 minutes to speak to family and friends who were present in court.
Oh had sought to use the diplomatic bag service to convey watches and other items from China to Singapore. The items belonged to Oh's friend in China, and Oh had agreed to help take them to Singapore as a personal favour.
Diplomatic bags are used to send documents or items for official use. Under the Vienna Convention, they cannot be opened or detained.
Oh had an unwitting colleague help convey the package via the diplomatic bag service on a flight from China to Singapore in January 2023.
The colleague ended up carrying the package in his luggage as the diplomatic bag service was suspended at that point, and the package was discovered subsequently.
Worried that his career progression might be derailed by potential disciplinary action, Oh told MFA that the watches belonged to his father, believing that the MFA would be more lenient than if he told the truth.
After Oh pleaded guilty in the State Courts, he was sentenced to a week's jail by a district judge, despite both the prosecution and Oh's lawyer asking for fines.
District Judge Sharmila Sripathy-Shanaz had said that among other reasons, the offence risked diminishing the credibility of MFA and the public service as a whole, and that Oh had been a high-ranking public servant seeking to subvert investigations.
Oh sought to appeal against his sentence in the High Court in October last year, where the prosecution argued for the jail term to be upheld.
Oh's lawyers argued for the jail term to be set aside and questioned the prosecution's change in stance from a fine to a jail term.
Proceedings were adjourned after Justice Gill asked the prosecutor to produce letters exchanged between the prosecution and the defence relevant to Oh's plea of guilt.
In previous proceedings, the court heard that Oh had offered his resignation, but that this could not be processed while his case was ongoing. CNA has reached out to MFA for an update.
The penalty for giving false information to a public servant is imprisonment for up to two years, a fine, or both.
Continue reading...