Sim Chon Ang Jason v Public Prosecutor: Application to Adduce Further Evidence in Cheating Trial
Jason Sim Chon Ang applied to the High Court of Singapore for permission to adduce further evidence in his ongoing District Court trial for cheating offenses. Tay Yong Kwang JCA dismissed the application, holding that it was procedurally improper to seek such an order from the High Court while the trial was ongoing in the District Court. The court emphasized that the application should first be made to the trial judge.
1. Case Overview
1.1 Court
General Division of the 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 adduce further evidence in a cheating trial was dismissed due to procedural impropriety. The High Court held that the application should have been made to the trial court first.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Costs awarded | Won | Kevin Yong of Attorney-General’s Chambers Tan Zhi Hao of Attorney-General’s Chambers |
| Jason Sim Chon Ang | Applicant | Individual | Application dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Justice of the Court of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kevin Yong | Attorney-General’s Chambers |
| Tan Zhi Hao | Attorney-General’s Chambers |
| Phipps Jonathan | LegalStandard LLP |
4. Facts
- The applicant faced five charges under s 420 of the Penal Code for cheating three banks.
- The applicant was a director, CEO, and founder of Jason Parquet Specialist (Singapore) Pte Ltd (JPS).
- JPS allegedly submitted fictitious invoices and delivery orders to obtain loans.
- The trial began on 30 September 2020 and took place over 27 days.
- The applicant sought to adduce further evidence from Mr. Alexander Chua Hock Yew, JPS’ former relationship manager at DBS.
- The applicant made several prior applications to the DJ for the Witness to give evidence at the Trial.
- The District Judge rejected those applications.
5. Formal Citations
- Sim Chon Ang Jason v Public Prosecutor, Criminal Motion No 30 of 2022, [2022] SGHC 235
6. Timeline
| Date | Event |
|---|---|
| Scheme to cheat banks commenced. | |
| Jason Parquet Holdings Limited publicly listed on the Singapore Exchange’s Catalist board. | |
| Scheme to cheat banks ended. | |
| DAC 924315 to 942319 of 2018 hearing. | |
| Trial began. | |
| Prosecution closed its case. | |
| First application made for the Witness to give evidence at the Trial. | |
| Both the applicant and Tjioe closed their cases for the defence. | |
| Final application brought on for the Witness to give evidence at the Trial. | |
| CM 30 was filed by the applicant. | |
| Hearing date. | |
| Judgment date. |
7. Legal Issues
- Admissibility of Further Evidence
- Outcome: The High Court held that the application to adduce further evidence should have been made to the trial court first.
- Category: Procedural
- Sub-Issues:
- Procedural impropriety
- Circumventing trial court
- High Court's Jurisdiction
- Outcome: The High Court clarified that it did not have the power to summon a person as a witness in proceedings pending before a lower court.
- Category: Jurisdictional
- Sub-Issues:
- Appellate jurisdiction
- Revisionary jurisdiction
- Original jurisdiction
- Related Cases:
- [2021] 4 SLR 719
8. Remedies Sought
- Permission to adduce further evidence
9. Cause of Actions
- Cheating under s 420 of the Penal Code
- Violation of s 76(1)(a)(ii)(B) of the Companies Act
10. Practice Areas
- Criminal Law
- Criminal Appeals
11. Industries
- Banking
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Christanto Radius v Public Prosecutor | High Court | Yes | [2012] 3 SLR 749 | Singapore | Cited regarding the High Court's statutory power of review over a District Judge’s decision to refuse the grant of bail. |
| Sim Cheng Hui and another v Public Prosecutor | Court of Appeal | Yes | [1998] 1 SLR(R) 670 | Singapore | Cited to reinforce that s 283 of the Criminal Procedure Code is for a trial judge to exercise. |
| Xu Yuanchen v Public Prosecutor and another matter | High Court | Yes | [2021] 4 SLR 719 | Singapore | Cited for the principle that revisionary jurisdiction may only be invoked when there is an error in the decision or order made by the judge below and material and serious injustice has resulted. |
| Public Prosecutor v Hoo Chang Chwen | N/A | Yes | [1962] MLJ 284 | N/A | Cited for the broad prohibition of appeals against interlocutory rulings. |
| Yap Keng Ho v Public Prosecutor | N/A | Yes | [2007] 1 SLR(R) 259 | N/A | Cited to highlight that frequent interruptions of a trial disrupt the flow and dignity of a trial. |
| Azman bin Jamaludin v Public Prosecutor | N/A | Yes | [2012] 1 SLR 615 | N/A | Cited to caution against disrupted and fractured criminal trials which create unacceptable delays in their final disposal. |
| Ng Chye Huey and another v Public Prosecutor | Court of Appeal | Yes | [2007] 2 SLR(R) 106 | Singapore | Cited as a caution against revisionary intervention at the interlocutory stage. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Criminal Procedure Code 2010 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
| Criminal Procedure Code | Singapore |
| Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Criminal Procedure Code
- Further evidence
- Interlocutory matter
- Revisionary jurisdiction
- Trial court
- Change in circumstances
- Frivolous motion
15.2 Keywords
- Criminal Motion
- Further Evidence
- Criminal Procedure Code
- High Court
- District Court
- Cheating
- Trial
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Procedure | 75 |
| Criminal Law | 60 |
| Evidence | 60 |
| Fraud and Deceit | 50 |
| Company Law | 40 |
| Contract Law | 30 |
| Civil Procedure | 25 |
| Summary Judgement | 20 |
16. Subjects
- Criminal Law
- Criminal Procedure
- Evidence