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Sex-for-grades law prof found guilty

SINGAPORE — The Chief District Judge yesterday rejected former National University of Singapore (NUS) law professor Tey Tsun Hang’s (picture) contention that his romantic relationship with a former student in the sex-for-grades corruption case was similar to that of former Central Narcotics Bureau (CNB) Director Ng Boon Gay.

Tey Tsun Hang has been found guilty of corruption. Photo: Ernest Chua

Tey Tsun Hang has been found guilty of corruption. Photo: Ernest Chua

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SINGAPORE — The Chief District Judge yesterday rejected former National University of Singapore (NUS) law professor Tey Tsun Hang’s (picture) contention that his romantic relationship with a former student in the sex-for-grades corruption case was similar to that of former Central Narcotics Bureau (CNB) Director Ng Boon Gay.

Judge Tan Siong Thye pointed out that the facts in Tey’s case were “materially and significantly different” from that involving Mr Ng, who was acquitted of corruption charges earlier this year.

For example, Tey solicited “expensive gifts”, such as an iPod, from his former student Darinne Ko, who had no income, the Judge noted. There was no evidence of this in Mr Ng’s case, he said.

Further, Tey, 42, was in a professor-student relationship with Ms Ko where he, as the sole marker, “had total autonomy and power” over the 23-year-old’s grades, Judge Tan said. In Mr Ng’s case, however, the information technology procurement was driven by the CNB’s IT department, not Mr Ng.

“The factual matrix in this instant case is significantly different from Ng Boon Gay’s case,” added the Judge. “Be that as it may, this court is not bounded by the District Court’s decision in Ng Boon Gay’s case even if the facts were similar.”

Delivering guilty verdicts for all six corruption charges Tey was facing, Judge Tan ruled in his 129-page grounds of decision that there was “sufficient evidence to show beyond a reasonable doubt” of Tey’s corrupt intention and guilty knowledge.

Tey’s employment with NUS was terminated yesterday with immediate effect. Professor Simon Chesterman, the university’s Law Faculty Dean, also sought to assure the school’s alumni in a letter yesterday, as he pointed out that it was never the prosecution’s case that grades were tampered with.

An internal review to ensure the integrity of the school’s grading system found no evidence of any irregularities thus far, he added.

Judge Tan said Tey had disclosed to Ms Ko her results before they were announced publicly, as well as her confidential class ranking. Tey, however, did not declare to NUS he had received gifts from Ms Ko as he knew his actions were dishonest and wrong. “He also did not disclose the two sexual acts and his relationship with his student,” said the Judge.

While Tey claimed there was no corrupt intent as he and Ms Ko were in a romantic relationship, and he had reimbursed her for all the gifts, Judge Tan ruled that a presumption under the Prevention of Corruption Act was triggered. Prosecutors had argued that Tey should be treated as a person under the employment of a public body under Section 8 of the Act, which Judge Tan agreed. “Even without this presumption, there was sufficient evidence to show beyond a reasonable doubt his corrupt intention and guilty knowledge,” he added.

In relation to Tey’s psychiatric condition, Judge Tan said Tey’s evidence when he took to the stand “was not reliable” and “not truthful in many critical aspects”. Proceedings during the 28-day long trial were adjourned at one point, after Tey appeared dazed and was given permission to consult doctors at the Institute of Mental Health to see if he was fit to continue to stand trial. Tey had claimed that he was unwell on several occasions when he was in the dock.

Judge Tan ruled yesterday that there was no evidence that Tey was not able to think clearly during the trial. “I observed him closely throughout the trial, and was satisfied that he had a lucid mind, and was able to think and communicate clearly during the trial,” he said, noting Tey’s “sharp exchanges with the prosecutors”.

In Tey’s mitigation plea, defence lawyer Peter Low urged the Judge to impose a stiff fine on his client. Mr Low argued that the amount involved in Tey’s case was “small” and that the former district judge had “suffered great mental hardship” since investigations began in April last year.

The prosecution will present its submissions on sentencing today. Tey could be jailed up to five years and fined up to S$100,000 on each corruption charge.

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