High Court acquits man in 12-year bribery case over inconsistent evidence and witness testimonies

The High Court of Singapore has overturned the bribery conviction of Lim Tion Choon, citing critical inconsistencies in evidence and witness testimonies.

The judgment, delivered on 29 November 2024 by Justice Dedar Singh Gill, concluded that the prosecution had failed to prove beyond reasonable doubt that Lim conspired to bribe marine surveyor Seah Seng Chuan in a fraudulent “buyback scheme” involving fuel measurement falsifications aboard the MV Sakura Princess.

As Justice Gill remarked, “The evidence in this case does not establish, beyond a reasonable doubt, that the appellant was involved in a conspiracy with Mr Wu.”

Lim’s acquittal marks the end of a nearly 12-year legal saga that began in 2013.

Charged under the Prevention of Corruption Act on 14 February 2013, Lim faced allegations of orchestrating a scheme to offer US$12,000 in bribes to Seah as an inducement to falsify fuel readings.

Following a 34-day trial in 2021, the District Court convicted Lim, sentencing him to six weeks in prison. He appealed the conviction, asserting that the evidence was riddled with inconsistencies and insufficient to establish his culpability.

Findings from CPIB Investigation

The Corrupt Practices Investigation Bureau (CPIB) alleged that Lim conspired with Wu Yipeng, an Operation Executive at Heng Tong Fuels & Shipping, and Tommy Tan, a bunker clerk, to execute the scheme.

According to the prosecution, Lim had negotiated bribe terms with Seah over the phone, authorised the operation, and instructed Wu to deliver US$40,000 in cash to Tommy Tan for distribution.

Key evidence included phone records from Costank’s operations line, witness statements from Wu and Tommy Tan, and Seah’s testimony that he had spoken with a representative of Tommy Tan’s office about the bribe.

Despite these claims, significant gaps in the evidence emerged during the trial, undermining the prosecution’s case.

Inconsistencies in Evidence and Testimonies

Justice Gill identified several flaws in the prosecution’s evidence. Wu, who initially denied Lim’s involvement, altered his testimony multiple times over the years, providing contradictory accounts.

Wu’s claim that he sought to protect his employer, Heng Tong Fuels, and its director—his uncle Tan Sing Hwa—was deemed speculative and unsupported by the facts.

Justice Gill noted, “When a witness alters their testimony multiple times over the course of several years, the reliability of their evidence is called into question.”

Seah’s testimony was similarly problematic. While he stated that he had discussed bribe amounts with someone over the phone, he described the voice as belonging to a “complete stranger,” despite speaking with Lim earlier that day regarding legitimate bunker operations.

Justice Gill observed, “The testimony of Mr Seah, describing the voice on the critical call as a ‘complete stranger,’ raises significant doubts about whether the appellant was the person involved.”

Complicating matters further, Tommy Tan, who implicated Lim, was found to possess a second, unexplained mobile phone and phone line at the time of the alleged scheme.

The CPIB investigation, which had overlooked this detail, failed to account for the possibility that phone records might not fully reflect all relevant communications.

Additionally, a phone call from programmer Johnny Tan to Tommy Tan—despite Johnny not being on duty—remained unexplained, raising further questions about the sequence of events.

Judgment and Conclusion

Justice Gill criticised the lower court’s decision, noting its failure to adequately address inconsistencies in witness testimonies and gaps in the investigation. He highlighted, “The failure to account for critical evidence, such as the second mobile phone and untraced communications, leaves the court with unresolved questions that undermine the case against the appellant.”

The unrecovered US$40,000, allegedly used in the bribe, further weakened the prosecution’s case. “In a case reliant on circumstantial evidence, every material inconsistency must be rigorously examined and addressed to ensure that justice is served,” Justice Gill stated.

Lim’s acquittal brings an end to his nearly 12-year legal ordeal. The High Court’s ruling underscores the stringent burden of proof required in criminal cases, particularly in those involving allegations of corruption and conspiracy.

This decision bears similarities to another recent case where testimonies and investigatory shortcomings led to acquittals.

On 11 October 2024, the District Court acquitted two men accused of bribing former Land Transport Authority (LTA) deputy group director Henry Foo Yung Thye.

In that case, District Judge Soh Tze Bian ruled that statements recorded by CPIB were “inaccurate, unreliable, and unsafe” to rely on. Additionally, Foo’s own testimony, asserting that the alleged bribes were goodwill loans, was left uncontested by the prosecution.

As with Lim’s case, the court emphasised that flawed testimonies and procedural lapses undermined the reliability of the evidence, leading to an acquittal. Such outcomes highlight the critical importance of thorough investigations and robust, objective evidence in prosecuting corruption cases.