Nation

High Court Raises Red Flags Over District Judge's Handling of Sexual Assault Case

2024-12-05

Author: John Tan

High Court Raises Red Flags Over District Judge's Handling of Sexual Assault Case

In a significant turn of events, the Singapore High Court has expressed serious concerns regarding a district judge's reliance on the prosecution's submissions in a judgment without providing his own analysis. This revelation stems from the appeal case of Ler Chun Poh, a 44-year-old taxi driver convicted of molesting a teenage girl.

According to High Court Judge Aidan Xu's written judgment released on December 3, the lower court, presided over by District Judge Soh Tze Bian, failed to critically engage with the material presented during the trial. In October 2023, Ler was sentenced to eight months in prison for his conviction related to the assault on a 17-year-old girl.

During the trial, it was established that Ler had molested the girl three times while allegedly assisting her with her seatbelt during a ride. He had offered her a lift after she was unable to locate a car she had reserved through a car-sharing service, which raised the question of consent and manipulation.

Despite Ler's insistence that he did not touch the girl and his claims that she provided “opportunities” for molestation, the district judge found him guilty following a nine-day trial. After his conviction, Ler promptly appealed the decision.

Justice Xu's review revealed troubling parallels between the trial judge's ruling and the prosecutorial arguments, leading to concerns over judicial practices. During the appeal hearing in April 2024, Justice Xu noted the striking similarities between the judgments, stating they were filled with "similarities" that suggested a lack of independent reasoning from the district judge.

He emphasized that judges must critically weigh parties' arguments, analyze evidence, and interpret the law to render decisions. The High Court's scrutiny indicated that the district judge mirrored not only the structure but also the language and reasoning used in the prosecution's submissions.

However, Justice Xu concluded that, despite these concerns, there was no evident bias from the district judge as he had considered Ler's version of events and allowed the defense to question witnesses thoroughly. This suggests that while the judicial practice may have been flawed, it did not compromise the fairness of the trial.

Interestingly, this case marks the second time Judge Soh's conduct has been publicly criticized. In September 2023, Chief Justice Sundaresh Menon commented on similar issues regarding Judge Soh's practices during another trial.

As the legal community in Singapore grapples with the implications of this ruling, it raises important questions about judicial scrutiny and the importance of independent analysis in upholding justice. Stakeholders are now more vigilant about ensuring that judicial practices align with the principles of fairness and integrity in the courtroom.

This shocking judicial oversight might just be the tip of the iceberg in raising fundamental questions about legal proceedings in Singapore, with the legal community, advocates for justice, and the public keenly observing the unfolding consequences. What does this mean for future cases? Only time will tell.