SINGAPORE: A district judge has asked for a further clarification report by the psychiatrist for the former CEO of food and beverage company The Prive Group before proceeding with sentencing.
French national Jean-Luc Kha Vu Han, 44, pleaded guilty in October to a charge each of voluntarily causing hurt and intentionally causing alarm. He had punched a 13-year-old boy on his temple after asking about his private parts in a lift at a mall in 2019.
Vu Han, who was dropped as CEO by the company after news of his guilty plea broke, returned to court on Tuesday (Dec 14) for what was meant to be mitigation and sentencing.
However, the judge adjourned sentencing to February after questioning his lawyer on why she had not provided the statement of facts to the defence psychiatrist.
District Judge Lim Tse Haw also asked Vu Han to confirm whether or not he was sticking to an assertion he previously made that the victim had "provoked" him.
Vu Han claimed that he was chatting "about vice activities in KTVs" with his friend when he entered the lift, and thinks that the victim said "something irksome to him".
This "unfortunately triggered something in him" and he reacted "in a disproportionate manner", said defence lawyer Teh Ee-Von. In contrast, the prosecution maintained that there was no such provocation by the victim.
The judge said it had to be made clear that the victim did not provoke Vu Han, and that whatever provocation was entirely self-perceived on his part. Otherwise, the case would have to go for a Newton hearing to settle this issue.
A Newton hearing is done to settle certain issues that both defence and prosecution are unable to agree on.
After discussing with his lawyer, Vu Han stated on record that the "provocation" was "self-perceived".
The prosecutor is seeking eight weeks' jail and a fine.
Vu Han's lawyer had asked for a report assessing her client's suitability for a mandatory treatment order, saying he was diagnosed with adjustment disorder and later bipolar disorder, for which he is seeking treatment. However, the judge rejected the request and did not call for such a report.
On Tuesday, Judge Lim cited a recent judgment by the Chief Justice, where he said it is absolutely necessary for the psychiatrist to have the full facts of the case, including the final statement of facts.
Ms Teh said it did not occur to her to send it to the doctor, but said she had provided charge sheets and given her "a short summary of the facts".
Judge Lim said it was important for the defence psychiatrist to have the statement of facts before making her clarification report.
On Nov 22, 2019, Vu Han had entered a lift with a friend on the fifth floor at Parklane Shopping Mall, intoxicated from drinking earlier.
The victim, a 13-year-old boy, was with his 12-year-old brother in the lift. They were on their way to dinner after spending time in their father's office.
Vu Han asked the victim a question about his private parts, and the boy replied negatively. Vu Han asked if the victim wanted to see his private parts, and the victim replied no once more.
Vu Han then said that he could arrange a sex act for him. The boy was alarmed by the insults and said, "No".
Suddenly, Vu Han punched the boy on his temple, causing him to fall backwards and slam his arm on the lift's handrails. He then cursed at the victim, who grabbed Vu Han's hands to prevent him from striking again.
Vu Han said, "You want to challenge me?" before asking the boy why he wanted to do so and referenced his private parts again.
On the first floor, Vu Han's friend pushed him out of the lift, but Vu Han refused to leave, blocking the lift doors with his foot and slapping the victim's cheek.
A man at a nearby cafe saw what happened and went to help the victim, detaining Vu Han and calling the police.
The victim sustained a 2cm by 2cm bruise over his temple and a 3cm by 3cm erythema or rash over his arm, and became fearful of taking lifts. He also suffers flashbacks of the incident and cannot sleep well as of November 2020, when a statement was taken from him.
Vu Han will return for mitigation and sentencing in February.
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French national Jean-Luc Kha Vu Han, 44, pleaded guilty in October to a charge each of voluntarily causing hurt and intentionally causing alarm. He had punched a 13-year-old boy on his temple after asking about his private parts in a lift at a mall in 2019.
Vu Han, who was dropped as CEO by the company after news of his guilty plea broke, returned to court on Tuesday (Dec 14) for what was meant to be mitigation and sentencing.
However, the judge adjourned sentencing to February after questioning his lawyer on why she had not provided the statement of facts to the defence psychiatrist.
District Judge Lim Tse Haw also asked Vu Han to confirm whether or not he was sticking to an assertion he previously made that the victim had "provoked" him.
Vu Han claimed that he was chatting "about vice activities in KTVs" with his friend when he entered the lift, and thinks that the victim said "something irksome to him".
This "unfortunately triggered something in him" and he reacted "in a disproportionate manner", said defence lawyer Teh Ee-Von. In contrast, the prosecution maintained that there was no such provocation by the victim.
The judge said it had to be made clear that the victim did not provoke Vu Han, and that whatever provocation was entirely self-perceived on his part. Otherwise, the case would have to go for a Newton hearing to settle this issue.
A Newton hearing is done to settle certain issues that both defence and prosecution are unable to agree on.
After discussing with his lawyer, Vu Han stated on record that the "provocation" was "self-perceived".
The prosecutor is seeking eight weeks' jail and a fine.
Vu Han's lawyer had asked for a report assessing her client's suitability for a mandatory treatment order, saying he was diagnosed with adjustment disorder and later bipolar disorder, for which he is seeking treatment. However, the judge rejected the request and did not call for such a report.
On Tuesday, Judge Lim cited a recent judgment by the Chief Justice, where he said it is absolutely necessary for the psychiatrist to have the full facts of the case, including the final statement of facts.
Ms Teh said it did not occur to her to send it to the doctor, but said she had provided charge sheets and given her "a short summary of the facts".
Judge Lim said it was important for the defence psychiatrist to have the statement of facts before making her clarification report.
THE INCIDENT
On Nov 22, 2019, Vu Han had entered a lift with a friend on the fifth floor at Parklane Shopping Mall, intoxicated from drinking earlier.
The victim, a 13-year-old boy, was with his 12-year-old brother in the lift. They were on their way to dinner after spending time in their father's office.
Vu Han asked the victim a question about his private parts, and the boy replied negatively. Vu Han asked if the victim wanted to see his private parts, and the victim replied no once more.
Vu Han then said that he could arrange a sex act for him. The boy was alarmed by the insults and said, "No".
Suddenly, Vu Han punched the boy on his temple, causing him to fall backwards and slam his arm on the lift's handrails. He then cursed at the victim, who grabbed Vu Han's hands to prevent him from striking again.
Vu Han said, "You want to challenge me?" before asking the boy why he wanted to do so and referenced his private parts again.
On the first floor, Vu Han's friend pushed him out of the lift, but Vu Han refused to leave, blocking the lift doors with his foot and slapping the victim's cheek.
A man at a nearby cafe saw what happened and went to help the victim, detaining Vu Han and calling the police.
The victim sustained a 2cm by 2cm bruise over his temple and a 3cm by 3cm erythema or rash over his arm, and became fearful of taking lifts. He also suffers flashbacks of the incident and cannot sleep well as of November 2020, when a statement was taken from him.
Vu Han will return for mitigation and sentencing in February.
Continue reading...