2-10-2024 (SINGAPORE) In a twist to the ongoing legal saga involving a senior Singaporean diplomat, the High Court has adjourned an appeal hearing for Gilbert Oh Hin Kwan, director-general at the Ministry of Foreign Affairs (MFA). The postponement aims to allow both prosecution and defence to elucidate the terms that led to Oh’s guilty plea earlier this year.
Oh, 45, admitted in April to providing false information to a public servant, with two additional charges – related to the misuse of diplomatic bag services for personal gain – taken into consideration during sentencing. In May, District Judge Sharmila Sripathy-Shanaz handed down a one-week jail term, diverging from both prosecution and defence recommendations for a fine.
The case has drawn significant attention due to Oh’s high-ranking position and the nature of his offences, which involve the abuse of diplomatic privileges. The diplomat had attempted to use the protected diplomatic bag service to courier luxury watches from China to Singapore for a friend, a serious breach of protocol given the service’s intended use for official correspondence between the ministry and its overseas offices.
Senior Counsel Tan Chee Meng, representing Oh in the appeal, argued that there had been an agreement for the prosecution to recommend a fine in exchange for Oh’s guilty plea. Tan presented two letters from the prosecution which he claims substantiate this understanding. The defence team expressed bewilderment at the prosecution’s apparent shift from advocating for a fine to supporting the jail sentence.
Describing the week-long jail term as “manifestly excessive”, Tan urged High Court Justice Dedar Singh Gill to overturn the lower court’s decision and impose a fine as initially proposed by the prosecution. Alternatively, he suggested community service or a short detention order if a custodial sentence was deemed necessary.
The defence counsel also contended that the district judge had erred in dismissing the prosecution’s earlier assertion that Oh’s false statement had caused “little, if any, appreciable harm”. Tan highlighted that Oh had come clean to the Corrupt Practices Investigation Bureau (CPIB) within 24 hours of his initial lie, arguing that this swift admission minimised any potential waste of investigative resources.
Deputy Public Prosecutor Tan Pei Wei acknowledged the prosecution’s initial stance against a custodial sentence but maintained that they were not precluded from supporting the district judge’s decision if it was “legally sound and reasonably defensible”. She emphasised that the court ultimately determines the sentence, and the prosecution’s recommendations should not be viewed as a ceiling for potential punishments.
The case has broader implications for public trust in Singapore’s diplomatic corps and civil service. In her sentencing, District Judge Sharmila stressed the need for a strong response, noting that Oh’s actions could potentially erode public confidence in the entire public service, particularly given his senior position.
