The High Court may have drastically slashed their prison sentences last week, but this聽by no means indicates that the case is over for the six City Harvest Church leaders convicted for misappropriation of millions in church funds.
The Attorney-General鈥檚 Chambers have announced their decision to take the case to the Court of Appeal, where they will question the High Court鈥檚 decision on their sentences. In fact, the prosecution in the case has聽. Oh snap!
鈥淗aving carefully considered the written grounds, the Prosecution is of the view that there are questions of law of public interest that have arisen out of the High Court鈥檚 decision, including and in particular, whether a director or a member of the governing body of a company or organisation who is entrusted with property, or with any dominion over property, is so entrusted in the way of his business as an agent for the purposes of section 409 of the Penal Code.鈥
Yeah, we couldn鈥檛 really make sense of all that legalese either, so here鈥檚 a short explainer.
- Church founder Kong Hee and his squad had their sentences significantly slashed after a three-judge panel reduced their convictions.
- It was reduced based on a technicality. The six were originally convicted for criminal breach of trust as agents under Section 409 of the Penal Code.
- It was later determined that the six should not be considered 鈥榓gents鈥. 鈥淭he majority of the High Court ruled that being a director of a company or a society does not render a person to be in the business of an agent within the meaning of section 409 of the Penal Code鈥.
- So instead, their offence was replaced with basic criminal breach of trust under Section 406. This reduced their sentences greatly, and even halved the jail time for some.
- The prosecutors are miffed that this happened, obviously. Kong Hee and City Harvest Church were also upset that their appeal against the conviction failed.
With the filing of criminal reference, the prosecution intends to request the Court of Appeal to reinstate the six鈥檚 original convictions and sentences.
This really shouldn鈥檛 come as a surprise to the City Harvest Church leaders and their congregation 鈥 Law Minister K Shanmugam assured the public on Saturday that the matter wasn鈥檛 over yet, in response to outcry regarding the reduced sentences.
鈥淭hey told the Government they were appealing and they gave their reasons 鈥 and why the sentence was low,鈥 said the minister of the AGC. 鈥淎nd the Government believed that the original sentences were too low as well.”
