City Harvest trial: Defendants "inextricably entangled" in conspiracies to misuse CHC funds
The six convicted City Harvest leaders convinced themselves that it was "both morally and legally permissible" to temporarily use money from the Church's funds when they knew it was not, said Judicial Commissioner See Kee Oon Wednesday (21 Oct), as he delivered a lengthy oral judgement to a packed courtroom.
At the end of the 140-day City Harvest Church (CHC) trial, the church's founder Kong Hee, deputy Tan Ye Peng, former church accountant Serina Wee, former church finance manager Sharon Tan, former investment manager Chew Eng Han and former CHC board member John Lam, were all found guilty of criminal breach of trust and falsification of accounts.
Here is an excerpt of See's oral judgement:
"I find that the accused persons were variously inextricably entangled in two conspiracies to misuse CHC’s funds. One conspiracy consisted of misusing BF (Building Fund) monies for the Crossover, and the other involved misusing CHC’s funds, a substantial portion of which comprised BF monies, to create the appearance of bond redemptions and to defraud the auditors via falsified accounts through the various roles they played. Each of them participated and functioned in their own way as crucial cogs in the machinery. Although there are distinctions in their respective levels of knowledge and participation, I am unable to discern any rational basis to exclude any of them from being implicated and characterised as conspirators.
Much of the defence centred on the beliefs and motivations of the accused persons. If it can be shown that they genuinely, honestly and reasonably held the view that what they were doing was legitimate in the sense that they were legally entitled to do it, and they went ahead to act in good faith as a result, I think there may well be room for doubt as to whether they had acted dishonestly. The weight of the evidence however points to a finding that they knew they were acting dishonestly and I am unable to conclude otherwise.
....In their defence, all the accused persons testified largely to the same effect: they love CHC and would not have wished to do harm to CHC. They never intended to cause loss to CHC. They consulted and cleared their proposals with their lawyers, the auditors and the CHC Board. They were motivated by CHC’s cultural mandate and they believed in the Crossover vision. They pointed to pure motives and a justifiable purpose in the use of CHC’s funds. Ultimately the funds which were removed were for Church purposes and were returned to CHC.
The crux of their defence was that there was no conspiracy and no dishonesty. All six would never intend to cause harm or loss to CHC and the ultimate objectives were in furtherance of the Great Commission. It may be arguable that all of them thought they were not acting dishonestly to cause wrongful loss since no permanent loss was intended, but this was premised on their unquestioning trust and belief in Kong Hee and their confidence that the Crossover would succeed. Thus they convinced themselves that it was both morally and legally permissible to temporarily use the money from CHC’s funds when they knew it was not.
The accused persons chose to engage in covert operations and conspiratorial cover-ups. They contrived to create cover stories and clever round-trips concealing their unlawful conduct. They chose to participate in the conspiracy to misuse CHC’s funds, which included siphoning off large amounts from the BF for Sun Ho’s music career and eventually for the round- tripping transactions to enable the bond redemptions. They chose to defraud the auditors with falsified accounts suggesting a series of genuine transactions for the redemption of bonds and advance rental. The evidence points overwhelmingly to a finding that they had all acted dishonestly and in breach of the trust reposed in them and they played their respective roles in a conspiracy with intent to cause wrongful loss to CHC and to defraud the auditors.
I am therefore satisfied beyond a reasonable doubt that the six accused persons are guilty of all the charges that have been brought against them. I note that all of them believed that they had acted in what they considered to be the best interests of CHC. There is no evidence of any wrongful gain – that was never the prosecution’s case in any event as the charges were premised on wrongful loss caused to CHC through the misappropriation of CHC’s funds.
I consider that John Lam, Eng Han, Serina and Sharon were all acting in accordance with the instructions of people they considered to be their spiritual leaders deserving of their trust and deference, and Ye Peng, although a leader in his own right, similarly trusted completely the leadership of Kong Hee. But no matter how pure the motive or how ingrained the trust in one’s leaders, regardless of the context in which that trust operates, these do not exonerate an accused person from criminal liability if all the elements of an offence are made out. In my judgment all the elements of the relevant offences have indeed been made out."
Related stories:
City Harvest trial: All 6 found guilty
Church disappointed by verdict: Sun Ho
Before City Harvest: Other religious figures who got in trouble
