The Ministry of Foreign Affairs CEO is losing appeal against prison because of the use of a diplomatic handbag service – CNA

Singapore: The Director -General of the Foreign Ministry (MFA), who was given a weekly prison for lying to the use of a diplomatic bag for a bag, saw his appeal against the sentence, rejected on Monday (February 10).

The 46 -year -old Gilbert o Hin Kwan pleaded guilty last April for the provision of incorrect information to a civil servant after lying his chief that luxury watches and other items found in a package belong to his father.

Giving his decision on the complaint at a brief hearing on Monday (February 10), Justice Dear Singh Jill upheld the verdict of the lower court, stating that the district judge had analyzed the facts and case law.

Oh, who appeared at the harbor was without expression as the decision was read.

His Wongpartnership attorneys, led by senior lawyer Tan whos Meng, said he was ready to start his prison on Monday, but asked for his client to surrender half an hour after the production.

Justice Jill gave 15 minutes to talk to his family and friends who attended court.

Oh, he had tried to use the diplomatic bags service to hand over watches and other items from China to Singapore. The elements belonged to OH’s friend in China and Oh Oh agreed to help them take them to Singapore as a personal service.

Diplomatic bags are used to send documents or subjects for formal use. According to the Vienna Convention, they cannot be opened or detained.

Oh, there was an involuntary colleague help to hand over the package through the Diplomatic Bag service on a flight from China to Singapore in January 2023.

The colleague eventually carried the package in his luggage, as at that moment the diplomatic bag service was stopped and the package was opened later.

He is worried that his career progression can be derailled with potential disciplinary acts, oh, oh told the MFA that the clocks belong to his father, believing that the MFA would be more fundamental than if he tells the truth.

After OH pleaded guilty to the state courts, he was sentenced to a week in prison by a district judge, despite both the prosecutor’s office and the OH’s lawyer requesting fines.

District Judge Sharmila Sripati-Sanaz said that, among other reasons, the crime risks reducing the authenticity of the Ministry of Foreign Affairs and the public service as a whole and that the OH was a high-ranking civil servant who seeks to undermine investigations.

Arguments in appeal

Oh tried to appeal his sentence in the Supreme Court last October, where prosecution was arguing about prison.

OH’s lawyers claim that the prison period will be canceled and called the prosecutor’s change in a prison position.

The lawyers said the prosecutor’s office’s position was contrary to her original legal basis agreement in which she agreed to propose a $ 6,000 fine ($ 4,400) to $ 9,000. The court must bring due weight to the prosecutor’s office “first”, lawyers say.

They also claim that a one -week prison is “apparently excessive” and that the district judge has failed to properly evaluate the facts before it.

The district judge mistakenly concluded that a potential harm had arisen from the fake OH statement and was wrong in the analysis of aggravating factors that led to its prison, lawyers said.

In response, the prosecutor’s office stated that the period of the one-week prison was not clearly excessive and added that although he did not seek a prison period in lower trials, he could still defend the district judge’s sentence if it was lawful.

The proceedings were postponed after justice Jill requested the prosecutor’s office to produce letters exchanged between the prosecutor’s office and the defense corresponding to the UN’s recognition.

The Court is not a party to a legal basis agreement

In its full decision, issued on Monday, justice Jill rejected the argument of the OH that the court should give a proper burden to the prosecutor’s office position in the first place.

The judge said that the UN did not quote anything to support his arguments, and in addition to the legal basis between the prosecution and the defense, and did not include the court.

The judge also found that the OH argument was against the position that the sentence was within the court of court.

“The Applent’s Argument Would Impermissibly Fetter the Discretion of the Court,” Added the Judge, Who Note That Oh did not dispos t to Assess what sentence will only be in the circumstances. ”

Justice Jill also agreed to the district judge’s assessment of the potential harm of the crime of Oh.

Oh, oh’s lie, it seeks to prevent the MFA from finding the true circumstances surrounding the seizure of clocks and, in general, “the true nature of his experience for abuse of the diplomatic service,” said justice Gill.

The true essence of his experience of abuse could remain undetected, with the potential to “influence confidence in Singapore’s international relations if such abuse was allowed to remain undetected,” said the Supreme Court judge. He also agreed with the finding of the lower court that OH’s guilt was high.

In the previous proceedings, the court heard that OH had proposed its resignation, but it could not be processed until its case continues. CNA turned to MFA for update.

The punishment for providing incorrect information to a civil servant is imprisonment for up to two years, a fine or both.