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The Star
6 days ago
- The Star
Singapore judge rejects prosecutors' request to strike out fugitive Indonesian's allegations against Corrupt Practices bureau
Indonesian Paulus Tannos, also known as Tjhin Thian Po, was arrested in Singapore on Jan 17. - SCREENGRAB FROM SINGAPORE: An application made by the prosecution to strike out portions of affidavits submitted in a fugitive Indonesian man's bail hearing was rejected by a district court judge on Wednesday (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 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. 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. 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 prosecution'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, 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 prosecution 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 prosecution'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 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 prosecution had any issue with her being the judge for the bail hearing. Singh said he had consulted his client, who had no issue with it. The prosecutor 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. - The Straits Times/ANN
Yahoo
6 days ago
- General
- Yahoo
Former Manitoba justice minister's decision to order Nygard review was abuse of process: judge
A Manitoba judge has determined a serious abuse of process took place in 2022, when the province's then attorney general ordered a review of a decision to not charge former fashion mogul Peter Nygard with sexual assault. Provincial court Judge Mary Kate Harvie made the ruling Tuesday morning but did not grant a judicial stay of proceedings, which Nygard's lawyer had requested during arguments earlier this month. "I am satisfied that the actions of the attorney general amount to an abuse of process. I am not satisfied that this is one of the clearest cases where a judicial stay of proceedings is appropriate," Harvie said. She called the abuse of process "a serious one," saying the actions of then attorney general Kelvin Goertzen fell "well short of accepted standards." In her 37-page decision, Harvie wrote "this is not a conclusion I have reached lightly, recognizing that the authorities suggest that courts should be very cautious when analyzing allegations of this nature. It is one, however, that I am satisfied is supported by the evidence and the law." Harvie said she believed "the appropriate message has been sent" without needing to order a stay. "If any attorney general seeks to proceed in the way Mr. Goertzen did in this case, being motivated by partisan considerations, by proceeding without the guidance of a policy or otherwise articulated and transparent principles, and in publicly speaking about a case prior to its final adjudication, I cannot imagine that the remedy would be the same as in this matter." The Manitoba case against Nygard will proceed and is set to return to court in September for motions. Goertzen, currently the Opposition MLA for Steinbach, would not speak to Harvie's decision. "As this matter remains before the court, with a trial date set for later this year, it would be inappropriate to comment until the conclusion of the judicial proceedings," he said in a one-line email statement. At a hearing earlier this month, a Crown lawyer argued that Goertzen made the request in the public interest and out of concern for sexual assault victims. Nygard was first arrested in Winnipeg in December 2020 under the Extradition Act, after he was charged with nine counts in New York, including sex trafficking and racketeering. At the time, the Winnipeg Police Service had been investigating the former fashion mogul for months. The files of eight women who alleged they'd been assaulted by Nygard were sent to Manitoba Justice for review in December 2020, but Manitoba prosecutors decided in 2021 not to lay charges. No details were provided on how that decision was reached. In 2022, while he was attorney general and justice minister in the previous Progressive Conservative government, Goertzen announced that Manitoba was going to take a second look at the decision and seek the advice of Saskatchewan's public prosecution services. Saskatchewan's finding was that one of the eight matters referred for a second opinion did, in fact, meet the standard for criminal proceedings. Nygard was then charged in 2023 with sexual assault and forcible confinement, in connection with offences allegedly committed in Winnipeg in November 1993, involving a 20-year-old woman. Two days of arguments were presented to Harvie earlier this month as Gerri Wiebe, Nygard's lawyer, tried to get the proceedings stayed, claiming the review was ordered because of political pressure. Wiebe had filed an abuse of process motion, arguing public protests, intense media pressure and questions from other politicians in the Manitoba Legislature put pressure on Goertzen to act. She argued it undermined the integrity of the justice system. Harvie agreed the decision seemed to have been made abruptly and only after questioning in the legislature, despite Goertzen having been in possession of the Manitoba Prosecution Service opinion for about 16 months. "In this case, the timing of the attorney general's decision is very troubling," she wrote in her decision. "[It] leads to the conclusion that the course of action taken by the attorney general was a partisan decision which was made contrary to the rule of law." Charles Murray told Harvie the request for a second opinion may have been unusual but is within the power of the office of the attorney general. He said Goertzen was "honouring and representing the community's sense of justice." Harvie, though, wrote in her decision that "in order for the attorney general to respect and maintain the rule of law, he cannot be swayed by media criticism, petitions, public demonstrations, or partisan concerns. "At the end of the day every person, no matter how reviled, how notorious, how popular or unpopular, must receive equal treatment by the attorney general and by the justice system. As demonstrated by the evidence in this case, such respect for the rule of law was not extended to Nygard," Harvie wrote. Nygard seems to have been singled out because of the notoriety of his case, not because of any principled reasons, and the decision to seek a second opinion after public pressure was brought to bear was based on partisan concerns, she wrote. Harvie agreed with Murray's point that Wiebe has not taken issue with the Saskatchewan prosecution determining charges should proceed regarding one of the eight complainants. But the delays caused by Goertzen's choices potentially made things more difficult for the complainant, Harvie wrote. "It is accepted that victims of sexual violence have struggled with the court system. Unfortunately, having dealt with this prosecution in this manner, the attorney general has risked adding to those concerns rather than alleviating them." She also agreed with the Crown's argument that if there is a problem with a lack of "guardrails" to guide an attorney general who wants a second opinion, courts should find a remedy without resorting to a judicial stay of proceedings. She noted there is no policy in place in Manitoba to determine when a second opinion can or should be sought by the attorney general. 'Vitally important' decision: prof Brandon Trask, an associate professor of law at the University of Manitoba and former Crown prosecutor, said Harvie's decision was "remarkable" and "vitally important." "I think it's just very important for society to recognize Crown prosecutors have such an important role to play, and they cannot be interfered with by politicians," Trask said. The situation was "unprecedented" in Manitoba, but Harvie's ruling has now helped set a precedent, he said. "Having a better developed set of policies will help prevent something like this from happening in the future." In an email to CBC News, the Manitoba Association of Crown Attorneys said it would not comment on the case against Nygard. In response to Harvie's decision, the association called on the government to "refrain from outsourcing prosecutions to outside counsel … and instead ensure they are handled by the experienced and independent prosecutors within the Manitoba Department of Justice." Nygard has already been sentenced to 11 years in prison after being convicted in Toronto of four counts of sexual assault involving five women who said they were attacked between the late 1980s and the early 2000s. He is also facing charges in Quebec and the United States. He has denied all allegations against him.
Singapore Law Watch
23-04-2025
- Politics
- Singapore Law Watch
Indonesian fugitive flip-flops in Singapore Court on agreement to extradition
Indonesian fugitive flip-flops in Singapore Court on agreement to extradition Source: Straits Times Article Date: 23 Apr 2025 Author: Christine Tan Indonesia had put in a formal extradition request for Paulus Tannos on Feb 24. An Indonesian businessman, who was arrested in Singapore over corruption allegations, has changed his mind after earlier indicating his willingness to be extradited to Indonesia in a letter to President Prabowo Subianto. Paulus Tannos, who appeared in the State Courts on April 22 via video link, said he is not consenting to his extradition after all. 'At this moment, I do not want to go to Indonesia. 'I will voluntarily go to Indonesia provided the Indonesian court will be fair, with the judge that is not corrupt,' he said. Tannos, who is in his 60s, had reportedly written a letter from Changi Prison to Indonesian President Prabowo and several Indonesian media outlets on April 17, indicating his willingness to return to the country. He said he was willing to face charges filed against him by the Indonesian Corruption Eradication Commission, 'as long as the legal process is fair and conducted by judges with high integrity and free from corruption'. Indonesian media outlet Tempo, which reported on the letter on April 20, said Tannos claimed in his correspondence that the extradition process he was facing was not in accordance with the agreement between Indonesia and Singapore. In response to queries from The Straits Times, a Singapore Ministry of Law (MinLaw) spokeswoman said on April 22: 'Since it appears from Paulus Tannos' letter to the President of Indonesia that he is willing to be extradited, we will ask the court for an immediate hearing to facilitate his request and arrange for the extradition immediately.' Indonesia had put in a formal extradition request for Tannos on Feb 24. The MinLaw spokeswoman said that the extradition request by Indonesia was thoroughly reviewed by Singapore's law enforcement agencies, who have ensured that the requirements of the extradition treaty and Singapore's Extradition Act have been adhered to. 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. Under the Extradition Act, a fugitive can give consent to his extradition and waive full extradition proceedings. Tannos, also known as Tjhin Thian Po, was president and director of Sandipala Arthaputra, a technology company awarded a contract to produce part of the Indonesian government's electronic ID card or e-KTP project. The graft scandal caused state losses of about 2.3 trillion rupiah (S$180 million). Tannos has reportedly been on Indonesia's fugitive list since Oct 19, 2021, and is believed to have been living in Singapore since 2012. He was arrested on Jan 17 by Singapore's Corrupt Practices Investigation Bureau, after the Indonesian government made a provisional arrest request against him. He was in court on April 22 for a bail hearing, where his lawyer Bachoo Mohan Singh argued that his client should be released on bail because he was sick and infirm. Mr Singh said the court can impose conditions upon his client, including restricting Tannos to specific locations, imposing a curfew that stops him from leaving his home after 6pm, and obliging him to contact his investigation officer every day. The lawyer noted that Tannos had 'many interviews' with Indonesia's Corruption Eradication Commission from 2014 to 2024, adding: 'If he had wanted to run, he would have run the first time they came round and talked to him.' Mr Singh argued that the Indonesian authorities did not substantiate their case against Tannos, and that multiple witnesses for the case have already died. Deputy Senior State Counsel Sivakumar Ramasamy disagreed that Tannos' medical conditions were severe enough to warrant bail. He said bail should be considered only if he has a serious illness or physical weakness which cannot be reasonably managed in prison. Mr Sivakumar also countered that at this stage of the proceedings, the court does not need to evaluate the merits of the evidence presented against Tannos. Instead, it would only be applicable for his committal hearing in June, where the court has to determine whether he should be extradited to Indonesia. The bail hearing was eventually adjourned after the defence requested for more time to acquire a medical report. Tannos' case will be heard again on April 28. Christine Tan is a journalist at The Straits Times reporting on crime, justice and social issues in Singapore. Source: The Straits Times © SPH Media Limited. Permission required for reproduction. Print
The Star
22-04-2025
- Politics
- The Star
Indonesian fugitive flip-flops in Singapore Court on agreement to extradition
SINGAPORE: An Indonesian businessman, who was arrested in Singapore over corruption allegations, has changed his mind after earlier indicating his willingness to be extradited to Indonesia in a letter to President Prabowo Subianto. Paulus Tannos (pic), who appeared in the State Courts on Tuesday (April 22) via video link, said he is not consenting to his extradition after all. 'At this moment, I do not want to go to Indonesia. 'I will voluntarily go to Indonesia provided the Indonesian court will be fair, with the judge that is not corrupt,' he said. Tannos, who is in his 60s, had reportedly written a letter from Changi Prison to Indonesian President Prabowo and several Indonesian media outlets on April 17, indicating his willingness to return to the country. He said he was willing to face charges filed against him by the Indonesian Corruption Eradication Commission, 'as long as the legal process is fair and conducted by judges with high integrity and free from corruption'. Indonesian media outlet Tempo, which reported on the letter on April 20, said Tannos claimed in his correspondence that the extradition process he was facing was not in accordance with the agreement between Indonesia and Singapore. In response to queries from The Straits Times, a Singapore Ministry of Law (MinLaw) spokeswoman said on April 22: 'Since it appears from Paulus Tannos' letter to the President of Indonesia that he is willing to be extradited, we will ask the court for an immediate hearing to facilitate his request and arrange for the extradition immediately.' Indonesia had put in a formal extradition request for Tannos on Feb 24. The MinLaw spokeswoman said that the extradition request by Indonesia was thoroughly reviewed by Singapore's law enforcement agencies, who have ensured that the requirements of the extradition treaty and Singapore's Extradition Act have been adhered to. 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. Under the Extradition Act, a fugitive can give consent to his extradition and waive full extradition proceedings. Tannos, also known as Tjhin Thian Po, was president and director of Sandipala Arthaputra, a technology company awarded a contract to produce part of the Indonesian government's electronic ID card or e-KTP project. The graft scandal caused state losses of about 2.3 trillion rupiah (S$180 million). Tannos has reportedly been on Indonesia's fugitive list since Oct 19, 2021, and is believed to have been living in Singapore since 2012. He was arrested on Jan 17 by Singapore's Corrupt Practices Investigation Bureau, after the Indonesian government made a provisional arrest request against him. He was in court on April 22 for a bail hearing, where his lawyer Bachoo Mohan Singh argued that his client should be released on bail because he was sick and infirm. Singh said the court can impose conditions upon his client, including restricting Tannos to specific locations, imposing a curfew that stops him from leaving his home after 6pm, and obliging him to contact his investigation officer every day. The lawyer noted that Tannos had 'many interviews' with Indonesia's Corruption Eradication Commission from 2014 to 2024, adding: 'If he had wanted to run, he would have run the first time they came round and talked to him.' Singh argued that the Indonesian authorities did not substantiate their case against Tannos, and that multiple witnesses for the case have already died. Deputy Senior State Counsel Sivakumar Ramasamy disagreed that Tannos' medical conditions were severe enough to warrant bail. He said bail should be considered only if he has a serious illness or physical weakness which cannot be reasonably managed in prison. Sivakumar also countered that at this stage of the proceedings, the court does not need to evaluate the merits of the evidence presented against Tannos. Instead, it would only be applicable for his committal hearing in June, where the court has to determine whether he should be extradited to Indonesia. The bail hearing was eventually adjourned after the defence requested for more time to acquire a medical report. Tannos' case will be heard again on April 28. - The Straits Times/ANN
Straits Times
22-04-2025
- Politics
- Straits Times
Indonesian fugitive flip-flops in S'pore Court on agreement to extradition
Indonesia had put in a formal extradition request for Paulus Tannos on Feb 24. PHOTO: SCREENGRAB FROM SINGAPORE – An Indonesian businessman, who was arrested in Singapore over corruption allegations, has changed his mind after earlier indicating his willingnes s to be extradited to Indonesia in a letter to President Prabowo Subianto. Paulus Tannos, who appeared in the State Courts on April 22 via video link, said he is not consenting to his extradition after all. 'At this moment, I do not want to go to Indonesia. 'I will voluntarily go to Indonesia provided the Indonesian court will be fair, with the judge that is not corrupt,' he said. Tannos, who is in his 60s, had reportedly written a letter from Changi Prison to President Prabowo and several Indonesian media outlets on April 17, indicating his willingness to return to the country. He said he was willing to face charges filed against him by the Corruption Eradication Commission, 'as long as the legal process is fair and conducted by judges with high integrity and free from corruption'. Indonesian media outlet Tempo, which reported on the letter on April 20, said Tannos claimed in his correspondence that the extradition process he was facing was not in accordance with the agreement between Indonesia and Singapore. In response to queries from The Straits Times, a Singapore Ministry of Law (MinLaw) spokeswoman said on April 22: 'Since it appears from Paulus Tannos' letter to the President of Indonesia that he is willing to be extradited, we will ask the court for an immediate hearing to facilitate his request and arrange for the extradition immediately.' Indonesia had put in a formal extradition request for Tannos on Feb 24. The MinLaw spokeswoman said that the extradition request by Indonesia was thoroughly reviewed by Singapore's law enforcement agencies, who have ensured that the requirements of the extradition treaty and Singapore's Extradition Act have been adhered to. 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. Under the Extradition Act, a fugitive can give consent to his extradition and waive full extradition proceedings. Tannos, also known as Tjhin Thian Po, was president and director of Shandipala Arthaputra, a technology company awarded a contract to produce part of the Indonesian government's electronic ID card or e-KTP project. The graft scandal caused state losses of about 2.3 trillion rupiah (S$180 million) . Tannos, who has reportedly been on Indonesia's fugitive list since Oct 19, 2021, and is believed to have been living in Singapore since 2012. He was arrested on Jan 17 by Singapore's Corrupt Practices Investigation Bureau, after the Indonesian government made a provisional arrest request against him. He was in court on April 22 for a bail hearing, where his lawyer Bachoo Mohan Singh argued that his client should be released on bail because he was sick and infirm. Mr Singh said the court can impose conditions upon his client, including restricting Tannos to specific locations, imposing a curfew that stops him from leaving his home after 6pm, and obliging him to contact his investigation officer every day. The lawyer noted that Tannos had 'many interviews' with Indonesia's Corruption Eradication Commission from 2014 to 2024, adding: 'If he had wanted to run, he would have run the first time they came round and talked to him.' Mr Singh argued that the Indonesian authorities did not substantiate their case against Tannos, and that multiple witnesses for the case have already died. Deputy Senior State Counsel Sivakumar Ramasamy disagreed that Tannos' medical conditions were severe enough to warrant bail. He said bail should be considered only if he has a serious illness or physical weakness which cannot be reasonably managed in prison. Mr Sivakumar also countered that at this stage of the proceedings, the court does not need to evaluate the merits of the evidence presented against Tannos. Instead, it would only be applicable for his committal hearing in June, where the court has to determine whether he should be extradited to Indonesia. The bail hearing was eventually adjourned after the defence requested for more time to acquire a medical report. Tannos' case will be heard again on Apr 28. Christine Tan is a journalist at The Straits Times reporting on crime, justice and social issues in Singapore. Join ST's WhatsApp Channel and get the latest news and must-reads.
