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Judge slams cops for sloppy work in loan-scam case
K.C. Vijayan Wed, Feb 13, 2008 The Straits Times
IT SEEMED like a relatively straightforward case: a businessman was caught in a scam involving car loans and certificates of entitlement. But three police divisions soon became involved; officers interviewed and re-interviewed suspects and the case dragged on for more than four years. Last week, a Judge of Appeal slammed the police for what he called 'slipshod' investigations and made clear the courts can hand out 'discount' sentences in some exceptional cases that experience long delays.

The man at the centre of the case in question - businessman Randy Chan Kum Hong - suffered through years of 'agonising uncertainty occasioned needlessly by rather slipshod investigations', said the judge.

'The public expects and is entitled to expect better from our police force.'

The written judgment comes about four months after Justice Rajah overturned a lengthy jail term for Chan.

Throughout the 13-page written judgment, Justice Rajah repeatedly referred to the sloppy police work, saying it was unfair to Chan - even though he 'unquestionably' deserved to be punished for his crimes.

The 39-year-old Chan was part of a group of scammers who, from 1998 to 2001, cheated finance companies into granting vehicle loans.

Nabbed in 2002, he admitted to cheating and was jailed for nine months. But while he confessed to more crimes, charges for those were not brought against him until last July.

During the second round of prosecution, Chan was initially sentenced to five years' jail. On appeal, Justice Rajah slashed it to just two days.

In spelling out his reasons for doing so, he said the 'lack of diligence was unsatisfactory'.

The only saving grace for officers was that the delay was 'neither deliberate nor malicious', he wrote.

Justice Rajah said prosecutions should not be carried out in 'dribs and drabs', and defendants should be dealt with in one go, where possible.

This is to ensure that convicts have a chance to integrate back into society after serving their time.

This is especially so for Chan, who Justice Rajah said is an 'entirely different person today'. The judge said his work made him a role model for the Yellow Ribbon Project, which aims to help criminals fit back into society.

After his release from jail in 2003, Chan rose from technician to become the general manager of a mobile phone company.

He had also won custody of his two sons, aged 11 and 14, from a former marriage.

Justice Rajah said the charges filed in 2007 threatened to destroy 'in one fell swoop' all of Chan's good work after his release.

However, the judge said not all cases of delayed prosecution will see the accused getting a 'discount' in sentencing.

This is especially so in cases where a suspect flees the country, destroys evidence or refuses to help police with their investigations, he said.

Those who commit heinous offences or repeat offenders will also not be eligible for a shorter sentence.

Justice Rajah also rejected arguments that Chan had a duty to tell police he was being investigated by other divisions.

'This would in effect absurdly transfer the responsibility for any possible existing shortcomings in the police investigation units to the offender - which is plainly not right,' he said.

Lawyers said the unusual case showed the courts are sensitive to the facts and are prepared to weigh in when defendants are hurt by long delays.

vijayan@sph.com.sg

PUBLIC DUTY

'(Suspects) must not only be brought to justice, but they must be brought to justice swiftly. The public expects and is entitled to expect better from our police force.'
JUSTICE V. K. RAJAH in a written judgment released last week