SINGAPORE — In defending his client who stalked and secretly took photos of schoolgirls, a lawyer brought up the recent verdict for undergraduate Terence Siow Kai Yuan, saying that his client should be given a similar probation order.

Last week, Siow, 23, a student from the National University of Singapore, was sentenced to 21 months’ supervised probation after he molested a woman on a train and at Serangoon MRT Station on Sept 12 last year.

The verdict had sparked an online petition protesting against what was seen as “favourable sentences for educated sex offenders”, because the judge had said that Siow’s good academic results and his “potential to excel in life”, among other factors, showed that there is an “extremely strong propensity” for him to reform.

The Attorney-General’s Chambers is now appealing against the verdict with Law Minister K Shanmugam backing the move.

In the case that was heard on Tuesday (Oct 1), 43-year-old former insurance agent Fong Poh Kuen was convicted of six charges of stalking and secretly taking photos of girls outside various secondary schools and junior colleges across Singapore between January and October in 2017.

It includes one charge of insulting the modesty of a girl where he took a photo up her skirt at a bus stop along Marine Parade Road in February 2017. He pleaded guilty on Tuesday.

The court heard that Fong approached teenage girls he was attracted to on the pretext that he was conducting “educational surveys” and got them to give him their names, contact numbers and home addresses. 

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He would then enter the information on a spreadsheet, follow these girls as they commute — in places such as MRT stations — and take photographs of them without them knowing.

One of his victims was a 16-year-old schoolgirl whom he followed for 15 to 20 minutes on a bus. She was so alarmed to find out that Fong was following her that she no longer finds it safe to go home alone from school. Her father now accompanies her home, the court heard.

TRAINING TO BE A FINANCIAL PLANNER

In making a case for Fong to be given a probation, his lawyer Krishna R Sharma said that his client holds a degree from the Nanyang Technological University and is a certified chartered financial analyst who worked with “leading insurance providers” such as Prudential and AIA.

Before his arrest, Fong was receiving training in Manulife Financial Advisory to become a financial planner, he added.

Mr Sharma also said that Fong is diagnosed with schizoid personality disorder, which “drove him to mismanage social relationships and restricted his expression in an interpersonal setting”.

The disorder led him to commit his offences, he said.

“Defence is of the view that with proper supervision, counselling and medication, if necessary, the accused is unlikely to reoffend.

“He has never been held up in a penal institution in his life and his recent experience has taught him a hard lesson in life which he does not wish to revisit. If well-rehabilitated, he can return and serve society in a meaningful way.”

Pointing to the recent case of Siow’s probation sentence, Mr Sharma said: “Albeit the nature of the offence in (the case of) Terence Siow (is) distinctly different from the accused, the principle of affording treatment instead of punishment does resonate with the general sentencing principles of the State Courts.”

Mr Sharma urged the court to consider putting Fong on probation with stringent conditions, so that he could benefit from it and is given a second chance to “redeem himself in society”.

'PROBATION IS FOR YOUNGER OFFENDERS'

Deputy Public Prosecutor (DPP) Thiagesh, however, argued that Siow’s case is a matter that is now before the High Court. It cannot be relied upon since there is “no finality” to the case yet.

He further noted that Siow faced just one charge, while Fong had multiple charges.

DPP Thiagesh also stated that rehabilitative sentencing options typically do not apply for those aged above 21 and exceptions are made only when a case demonstrates a strong propensity for reform or exceptional circumstances.

“Neither conditions are fulfilled in this case,” he added.

After hearing both sides, District Judge Ong Luan Tze said that there was no need to call for a probation report in Fong’s case.

She sentenced Fong to three months’ jail and a fine of S$8,000. If he cannot pay the fine, he would have to spend another four weeks in jail.