Wednesday, 29 October 2008

Taking Bribes to Take the Rap

Known to some as “tua pek kong”, he may not possess the powers of the namesake deity. Yet this person is sought after by some lawbreakers: He assumes criminal liability on another person’s behalf in return for a bribe.

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Guanyu said...

Taking Bribes to Take the Rap

29 October 2008

Known to some as “tua pek kong”, he may not possess the powers of the namesake deity. Yet this person is sought after by some lawbreakers: He assumes criminal liability on another person’s behalf in return for a bribe.

Such fall guys have previously been found in offences related to the employment of illegal foreign workers or the running of gambling dens, but the authorities are now seeing a rising trend of their presence in the running of illicit massage parlours and brothels.

According to recent data from the Corrupt Practices Investigation Bureau (CPIB), there have been 21 such cases where people received bribes to take the rap for running illegal massage parlours. Six have been brought before the Subordinate Courts, seven are being assessed by the Attorney-General’s Chambers and eight are being investigated.

Meanwhile, the authorities are processing 19 similar cases that do not involve illegal massage parlours.

Another trend has also emerged in the cases involving illegal rub shops: Foreigners paying off Singaporeans to take the rap. The courts heard a total of four such graft cases in the last three years, said Deputy Public Prosecutor David Khoo.

These statistics and trends were revealed during an appeal by the prosecution on Tuesday against the S$15,000 fine a Chinese national received after she was convicted of bribing a Singaporean man. Ms Li Chunmei had paid Singaporean Low Soon a total of S$5,100 from March to November 2006 in return for his agreeing to assume any criminal liability on her behalf for managing an illegal and unlicensed massage parlour in People’s Park Centre. The scheme came to light after authorities raided the massage parlour in Dec 2006 and found that it offered sexual services in addition to massage.

Ms Li pleaded guilty to corruption charges in June. Instead of being sent to jail, which is the usual punishment for corruption, she was fined, as the district judge did not want Ms Li’s baby to grow up in prison.

The prosecution appealed to the High Court and Judge of Appeal V K Rajah asked for statistics pertaining to such bribery cases involving illegal massage parlours.

Besides providing statistics to show the rise of such cases, DPP Khoo argued that it is difficult to detect such corrupt activities, as the scapegoats are the ones with their names registered in the businesses, rather than the real operators behind the illegal activities.

Agreeing that these offences “strike at the heart of the legal system”, Justice Rajah said the “increasing prevalence calls for a more muscular sentencing approach”.

He warned that those convicted in bribery cases should expect a starting jail term of about six months.

“It will take an exceptional case to avoid a custodial sentence. This is not such an exceptional case,” said Justice Rajah, adding that there are adequate prison facilities for Ms Li to look after her baby.

He jailed Ms Li two months and fined her S$3,000. Ms Li, who was not represented, could have been fined up to S$100,000 and jailed up to five years on each corruption charge.

Speaking to reporters after her sentence, Ms Li said she was undecided over the care arrangements of her baby. Calling the jail sentence “fair”, she added: “I had expected a jail sentence, so at least it is a weight off my shoulders.”

Mr Low, the Singaporean man involved in the case, faces 10 charges of accepting bribes from Ms Li and another Chinese national to act as scapegoat.