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Judge rejects AGC's request to strike out Indonesian's evidence containing allegations against CPIB

Judge rejects AGC's request to strike out Indonesian's evidence containing allegations against CPIB

Straits Times5 days ago

Indonesian Paulus Tannos, also known as Tjhin Thian Po, was arrested in Singapore on Jan 17. PHOTO: SCREENGRAB FROM KPK.GO.ID
Judge rejects AGC's request to strike out Indonesian's evidence containing allegations against CPIB
SINGAPORE - An application made by the Attorney-General's Chambers (AGC) to strike out portions of affidavits submitted in a fugitive Indonesian man's bail hearing was rejected by a district court judge on May 28.
The affidavits were said to contain allegations against the Corrupt Practices Investigation Bureau (CPIB), but these details were not revealed in court.
The Indonesian businessman, Paulus Tannos, was arrested on Jan 17 by CPIB over corruption allegations in Indonesia, where he had been on its fugitive list since Oct 19, 2021.
On May 27 and 28, Deputy Senior State Counsel Sivakumar Ramasamy argued that the defence counsel representing Tannos had asked for permission to file an affidavit to tender facts in relation to his admission to Changi General Hospital (CGH) in May.
Permission was granted for this, but Mr Sivakumar said the two affidavits submitted – one from Tannos and another from a lawyer named Paulus Sinatra Wijaya – were beyond the scope of what the court had allowed.
Mr Sivakumar said parts of Tannos' own affidavit covered his past interaction with the Indonesian authorities and CPIB, replying to points made by a CPIB investigating officer on the issue of him being a flight risk.
Mr Sivakumar said these were covered in an earlier bail hearing and legal arguments had been made on these issues.
On May 28, Tannos' defence lawyer Bachoo Mohan Singh objected to the AGC's application.
He said: 'I've never come across a scenario that when a man is fighting for his liberty, he is constrained from saying what he wishes to say.'
Addressing District Judge Brenda Tan, Mr Singh added: 'I would not be doing my job if I were to ignore important issues and issues which I consider vital in my client's effort to seek liberty.
'However, we have no objection to (the AGC) filing anything in reply. In the interest of justice, it is only fair they have a say.'
After hearing arguments from both sides, Judge Tan rejected the AGC's application.
She said: 'I'm inclined to leave the further affidavits in the application on record in the interest of justice and completeness and give the state a chance to respond to this.'
Addressing Mr Singh, the judge added: 'To be fair, you have put in contents which you were not given permission to, so the state has a right of reply.'
Separately, the judge referred to a CGH medical report that had been tendered earlier.
She said she knows the senior consultant who signed off on the medical report and asked if the defence and the AGC had any issue with her being the judge for the bail hearing.
Mr Singh said he had consulted his client, who had no issue with it. Mr Sivakumar also said he had no issue with this.
At the conclusion of the hearing on May 28, Tannos again did not give consent to be extradited to Indonesia.
Under the Extradition Act, fugitives can give consent to their extradition and waive extradition proceedings.
Indonesia put in a formal extradition request for Tannos on Feb 24.
The extradition treaty between Singapore and Indonesia took effect on March 21, 2024.
It grants extradition for a list of offences, including corruption, money laundering and bribery, and can be retrospectively applied to crimes committed up to 18 years ago.
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