Re: Wow! So many CHC gong kias queuing outside high court! Brainwashed and delusional
The fact that they did the round-tripping rather than simply using the building funds to fund her singing career shows intent. The whole mechanism was sophisticated, highly (though not well) structured using debt securities including guarantees from one of their ardent followers shows the work of criminal minds.
What is interesting is the trust of the appeal from Edwin Tong for Kong Hee, Andre Maniam for Serina Wee where both had claimed that there was no loss and funding of her singing career was the right thing to do, completely avoiding the round-trip and the core of prosecution's case. It appears that they were addressing their followers rather than the court of appeal.
Kenneth Tan for John Lam clearly acknowledges there is a conspiracy but that his client had no part of it and thought it was all genuine. Paul Seah for Sharon Tan and Sreenivasan for Tan Yee Peng, both allude to conspiracy and criminal activity but downplay the part played by their clients.
Chew Eng Han representing himself acknowledges that indirectly that it is criminal but that he was brainwashed.
It should also be noted that the Prosecution has also lodged an appeal against the sentences meted out for all 6 and are seeking longer terms.
The approach by both Kong and Serina has tongues wagging - either they have an exit plan or they prefer to "martyr" themselves for another round of milking the gullible as Jim Bakker did after his prison sentence.
One of the prerequisites when determining guilt is the issue of "intent".
https://en.wikipedia.org/wiki/Intention_(criminal_law)
For example when someone is charged with murder the state has to prove beyond reasonable doubt that the person knew that death was the likely outcome of his/her actions.
If I punch someone in stomach and he trips and falls over and cracks his skull on the pavement and dies 4 days later the prosecution would be hard pressed to prove that I intended to commit murder. The charge of manslaughter would stick but murder would be thrown out.
I'm no lawyer but I believe the same principle should be operating in this case. Setting up an entity for creative accounting in itself is not a crime unless it can be proven that the accused knew what it would be used to commit fraud.