Re Seed Nigel John QC: Ad Hoc Admission, Queen's Counsel, Criminal Breach of Trust, Canon Law
The High Court of Singapore heard an application in Re Seed Nigel John QC on August 21, 2003, to admit Mr. Nigel John Seed QC as an advocate and solicitor for the defense of Father Joachim Kang in a criminal breach of trust case. Father Kang, a Roman Catholic priest, was charged with multiple counts of criminal breach of trust involving church funds. The applicant argued that the case's complexity, involving Canon Law and intricate financial transactions, warranted the admission of a Queen's Counsel. The court dismissed the application, finding that the case was not sufficiently complex and that local counsel could adequately handle the legal and factual issues.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application to admit Queen's Counsel for criminal breach of trust case involving a Catholic priest and Canon Law was dismissed due to lack of complexity.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Nigel John Seed QC | Applicant | Individual | Application dismissed | Lost | Peter Cuthbert Low, Khoo Guan Chuan |
| Attorney-General | Respondent | Government Agency | Application dismissed | Won | Anandan Bala, Kwek Lou Winn |
| Public Prosecutor | Respondent | Government Agency | Application dismissed | Won | Anandan Bala, Kwek Lou Winn |
| Law Society of Singapore | Respondent | Statutory Board | Application dismissed | Won | Laurence Goh Eng Yau |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Peter Cuthbert Low | Peter Low, Tang & Belinda Ang |
| Khoo Guan Chuan | Peter Low, Tang & Belinda Ang |
| Anandan Bala | Attorney-General's Chambers |
| Kwek Lou Winn | Attorney-General's Chambers |
| Laurence Goh Eng Yau | Laurence Goh Eng Yau & Co |
4. Facts
- Father Joachim Kang, a Roman Catholic priest, was charged with 19 counts of criminal breach of trust.
- The charges involve a total of about $5.1 million over the period from 1994 to 2002.
- The funds belonged to the Church of St. Teresa, where Father Kang was the parish priest.
- The prosecution argued that Father Kang acted dishonestly when he transferred church funds to his personal bank accounts.
- The defense argued that Father Kang's actions were permissible under Canon Law.
- The applicant sought to admit Mr Nigel John Seed QC as defense counsel.
- The Law Society and Attorney-General opposed the admission of the QC.
5. Formal Citations
- Re Seed Nigel John QC, OM 20/2003, [2003] SGHC 177
6. Timeline
| Date | Event |
|---|---|
| Father Joachim Kang ordained as a Roman Catholic priest. | |
| Father Joachim Kang appointed parish priest of the Church of St. Teresa. | |
| Father Joachim Kang appointed parish priest of the Church of the Holy Trinity. | |
| Decision date of the application to admit Mr Nigel John Seed QC. | |
| Trial in the Subordinate Courts scheduled to begin. |
7. Legal Issues
- Ad Hoc Admission of Queen's Counsel
- Outcome: The court held that the requirements of section 21 of the Legal Profession Act were not satisfied and dismissed the application.
- Category: Procedural
- Sub-Issues:
- Difficulty and complexity of the case
- Special qualifications or experience of the Queen's Counsel
- Special reason for admission in a criminal case
- Freedom of Religion
- Outcome: The court found no issue in the case relating to the right of the priest to profess, practise and propagate his religion or any challenge to the right of the Catholic Church to manage its own religious affairs.
- Category: Constitutional
- Right to be Defended by Legal Practitioner of Choice
- Outcome: The court held that section 21 LPA is not a mere formality and the court must consider the various matters set out in sub-sections (1) and (2).
- Category: Constitutional
8. Remedies Sought
- Admission of Queen's Counsel as advocate and solicitor
9. Cause of Actions
- Criminal Breach of Trust
10. Practice Areas
- Ad Hoc Admission
- Criminal Litigation
11. Industries
- Religious Institutions
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Caplan Jonathan Michael QC | High Court | Yes | [1998] 1 SLR 432 | Singapore | Cited for the three-stage test for ad hoc admission of Queen's Counsel. |
| Re Sir Allan David Green QC | N/A | Yes | Re Sir Allan David Green QC (OM 20/96) | Singapore | Cited as an example of a case with 'special reasons' for admitting Queen's Counsel. |
| Wayne Kaskiw v Pornbacher and others | Supreme Court of British Columbia | Yes | [1997] 32 BCLR (3d) 360 (BCSC) | British Columbia | Cited as a case concerning sexual assault by a priest and involving the issue of vicarious liability of the Bishop of Nelson, Corporation Sole. |
| Re Residential Schools | Court of Queen's Bench of Alberta | Yes | [2000] ABQB 45 | Alberta | Cited as a case involving actions commenced by former residents of Indian residential schools for unlawful confinement and abuse. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act | Singapore |
| Legal Profession Act | Singapore |
| Penal Code | Singapore |
| Roman Catholic Archbishop Act (Chapter 375) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Queen's Counsel
- Ad Hoc Admission
- Criminal Breach of Trust
- Canon Law
- Special Reason
- Difficulty and Complexity
- Ecclesiastical Practice
- Parish Priest
- Titular Roman Catholic Archbishop of Singapore
15.2 Keywords
- Queen's Counsel
- Ad Hoc Admission
- Criminal Breach of Trust
- Canon Law
- Singapore High Court
- Legal Profession Act
16. Subjects
- Constitutional Law
- Criminal Law
- Legal Profession
17. Areas of Law
- Constitutional Law
- Legal Profession
- Criminal Law