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Property tycoon Ong Beng Seng fined S$30,000 for abetting ex-minister S Iswaran in obstruction of justice

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SINGAPORE: Property tycoon Ong Beng Seng was fined S$30,000 (US$23,400) on Friday (Aug 15) for abetting former Transport Minister S Iswaran in the obstruction of justice.

Principal District Judge Lee Lit Cheng agreed with the prosecution and defence that judicial mercy was justified.

"The clear and undisputed medical evidence before this court establishes that the accused suffers from advanced multiple myeloma, an incurable cancer of the plasma cells, and a sentence of imprisonment would carry a high and increased risk of endangering his life," she said.

In issuing the maximum fine, she said this was in place of the jail term that the offence ordinarily demanded.

The 79-year-old Malaysian businessman, credited with bringing Formula 1 night racing to Singapore, had pleaded guilty last week. He admitted to arranging to bill Mr Iswaran belatedly for a sum of S$5,700 to Singapore GP for a business class flight ticket from Doha to Singapore.

This payment was made months after the flight and only after the Corrupt Practices Investigation Bureau (CPIB) discovered Mr Iswaran's name on the manifest for an outbound flight to Doha when investigating a separate case.

A second charge for instigating Mr Iswaran to obtain flights and a hotel stay from him, when Ong had business dealings linked with Mr Iswaran's official functions, was considered in sentencing.

Ong had asked Mr Iswaran to join him on a trip to Qatar on his private jet as a guest, with all expenses taken care of.

Mr Iswaran accepted and applied for urgent personal leave to go. He went to Doha, Qatar's capital, in Ong's private jet in December 2022 and checked into the Four Seasons Hotel for one night before flying back to Singapore on a business class ticket that cost S$5,700.

Singapore GP - which Ong was the majority shareholder of - paid for the hotel stay and return flight to Singapore.

When Ong learnt in May 2023 that CPIB had seized the flight manifest containing details of the Doha trip and questioned his associates about it, he told Mr Iswaran about it over a phone call.

Mr Iswaran then asked Ong to have Singapore GP bill him for the expenses related to the Doha trip, including his return flight. Ong agreed and asked a director of Singapore GP to arrange this.

Mr Iswaran then issued a cheque for S$5,700 to Singapore GP.

JUDICIAL MERCY​


At the previous hearing, Ong's defence team, led by Senior Counsel Cavinder Bull from Drew & Napier, had called for judicial mercy to be exercised in this case on account of Ong's multiple, severe medical conditions.

Judicial mercy refers to the discretionary power that Singapore's courts have to impose a sentence that is more lenient than what the circumstances of an offence would otherwise warrant.

This is in recognition of exceptional mitigating circumstances, which in previous cases involved dire medical conditions or where jail would pose a significant risk to the offender's life.

Mr Bull said Ong had a rare form of blood cancer known as advanced multiple myeloma, which has destroyed parts of bone in his spine. His condition and treatment have compromised his immune system, making him vulnerable to life-threatening infections.

The cancer has also damaged his skeletal system and affected his balance, making him very susceptible to life-threatening falls, said Mr Bull.

He argued for a "stiff" fine without specifying a figure, saying prison would expose Ong to potential infections that could kill him.

The prosecution, led by Deputy Chief Prosecutor Christopher Ong, who is also senior counsel, said there was a basis for the court to exercise judicial mercy given Ong's medical conditions.

They sought the maximum fine instead. There is no maximum fine specified in Ong's charge sheet for the specific offence of abetting obstruction of justice, but the State Courts can impose a fine of up to S$30,000.

Had it not been for Ong's serious medical conditions, the prosecution said eight weeks' jail would have been appropriate for Ong.

Mr Iswaran had been given four months' jail in October for the corresponding obstructing justice charge. His total sentence was 12 months for a total of five charges, with another 30 charges taken into consideration.

He has since been released on remission after completing home detention.

The maximum jail term for abetting the obstruction of justice is seven years.

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