• The former senior public servant claimed trial over allegations he molested two female subordinates in 2016
• Neither he nor the statutory board where he worked can be named to protect the identity of the women
• The judge convicted the man of molesting one of the women, aged 55 at the time, but acquitted him of the charges relating to the second, who was 43
• The man, who is out on bail of S$15,000, returns to court on Jan 4

SINGAPORE — A 67-year-old former senior public servant was acquitted on Wednesday (Dec 9) of repeatedly molesting one female subordinate but convicted of a single charge of molesting another.

District Judge John Ng said he found “material inconsistencies” between statements that the first subordinate had given to the police and her testimony in court, and so he found it unsafe to convict the accused of five charges related to her.

She was aged 43 at the time.

But he found the evidence given by the second subordinate, who was aged 55 at the time, to be “cogent and reliable”.

He thus convicted the man of one charge related to her, adding that the prosecution had proven this sixth charge beyond a reasonable doubt.

The public servant, who cannot be named to protect the identities of his victims, worked at a statutory board since 2004. He was suspended from his role in April 2018 and has since retired. The statutory board cannot be named either.

The man claimed trial to the charges of molesting the two women over a period of about nine months in 2016 at their workplace.

The younger one was his direct subordinate while the older woman reported to him in the same division of the statutory board.

He was accused of hugging the younger woman “so tightly such that her breasts were pressing against (his) body” on three occasions. Later, he also allegedly squeezed her buttocks and pressed his private parts against her upper torso.

As for the older woman, he was found guilty of similarly hugging her so tightly that her breasts pressed against his body.

He faces three other charges of molesting the older woman when they were overseas for work, which will be dealt with later.

COULD NOT EXPLAIN THE INCONSISTENCIES

On Wednesday, District Judge Ng highlighted some reasons for his verdict.

He said that as long as the defence could raise a reasonable doubt on a charge, an accused has to be acquitted of it.

The judge was satisfied that the two women were truthful in saying they had experiences of unwelcome physical contact.

However, he could not convict the man of molesting the younger woman as two of the charges related to her were undermined by her police statements.

Prosecutors, bound by disclosure obligations, had given the statements to the defence only after they closed their own case.

Referring to the first hugging incident in mid-March 2016, the judge noted that she told the police her breasts were not pressed against the accused’s body. “Although there was a hug, I was not satisfied, as the charge was framed, that it was proven beyond a reasonable doubt,” he added.

As for the alleged incident of hugging and buttock-squeezing in September 2016, District Judge Ng noted that she had told the police the accused did not molest her further after June that year.

The man was first charged in court in December 2018, but the charge for that incident was amended in July 2019 to include the buttock-squeezing allegation.

“This material change raised issues as to whether (she) belatedly included the act as an afterthought. (She) could not provide an explanation for material inconsistencies between what she told the court and police,” District Judge Ng said.

All these, coupled with other concerns raised by the defence, made it “patently unsafe” to convict the accused.

NO COLLUSION BETWEEN VICTIMS

Nevertheless, the judge said that in his opinion, the younger woman had not made up the “unpleasant interactions” she had with her boss.

She felt sexually harassed and did not welcome the hugs but chose to overlook and forget them, District Judge Ng added.

She did not intend to lodge a police report but her employer eventually did.

“She came across as a witness who would rather forget than recount (the incidents) in clarity. Nevertheless, I sensed she would take a position in the course of the trial and stood by it when she was challenged,” the judge noted.

Turning to the charge of molesting the older woman, the judge said the accused did not deny hugging her but challenged the nature of it. “I found (the victim’s) evidence to be cogent and reliable,” he added.

The judge also said he was satisfied that there was no collusion between the two women and no cross-contamination of their evidence.

The man will return to court on Jan 4 next year for submissions on mitigation and sentencing. In the meantime, he is out on bail of S$15,000.

He could be jailed for up to two years or fined, or both. Molestation carries the possibility of caning but those aged 50 or above cannot be caned by law.

He is represented by Mr Gary Low and Mr Terence Tan from Drew & Napier.