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Doctor found guilty of molest faces additional charge

StealEat

Alfrescian (Inf)
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Updated: 04/16/2014 13:17 | By Channel NewsAsia

Doctor found guilty of molest faces additional charge

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SINGAPORE: The 70-year-old general practitioner, who was convicted in March of molesting a patient twice, now faces an additional charge of false declaration to the Singapore Medical Council.

On Wednesday, Winston Lee Siew Boon was charged with making a fraudulent declaration to the Singapore Medical Council when he tried to get a practicing certificate under the Medical Registration Act.

Lee allegedly failed to let SMC know that he was the subject of a police investigation in late July last year.

This comes after Lee was found guilty of molesting a 34-year-old female patient, who visited Thong Hoe Clinic at Bukit Batok Street 11 in June and October 2011.

Lee had touched the woman's breasts on two occasions.

The prosecution will make submissions on sentencing for the outrage of modesty case on 23 April while a pre-trial conference for the fresh charge has been fixed on 16 May. - CNA/xq

 

Montagut

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Updated: 05/26/2014 16:09 | By Channel NewsAsia

Doctor given 10 months' jail for molesting patient, appeals sentence

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SINGAPORE: A doctor was on Monday (May 26) given 10 months' jail for molesting his female patient at a clinic in Bukit Batok in 2011.

Winston Lee Siew Boon, 71, had touched the breast of his then-34-year-old patient while checking for flu-like symptoms on October 30, 2011.

Lee's lawyers told District Judge Lim Tse Haw they will appeal against the sentence, and successfully applied for Lee to be on bail.

They argued Lee is unlikely to jump bail - which the judge set at S$15,000 - given his failing health, and that Lee has to care for his wife who has stroke.

Earlier in court, Lee's lawyers had urged District Judge Lim for a non-jail term, given that Lee has high blood pressure and a heart condition.

But the judge said ill health cannot be a mitigating factor, unless it is under extreme conditions such as terminal cancer.

District Judge Lim added he is confident facilities in the prisons are adequate in managing Lee's condition.

In passing the sentence, District Judge Lim said doctors are held in high regard in society because of their special skills. It is because of this high regard that patients allow doctors to touch their bodies so as to get treatment.

But District Judge Lim said when this "sacrosanct trust" is abused, the court will have to send a clear and deterrent message.

Lee could have been jailed a maximum of two years, fined and caned. He was spared the cane as he is above the age of 50. - CNA/xk


 

Montagut

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Doc appeals against conviction, jail for molesting patient


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Winston Lee Siew Boon, 70, had violated the “sacrosanct” trust between patient and doctor, said the district judge.

Elena Chong
The Straits Times
Thursday, May 29, 2014

A veteran doctor who broke the "sacrosanct" trust placed in him by a female patient when he groped her breasts on two separate visits was handed a 10-month jail sentence yesterday.

However, 70-year-old Winston Lee Siew Boon - known as "the white-haired doctor" to his patients in Bukit Batok - has filed a notice of appeal against both that and his conviction on two counts of molestation.

The father of two, who has been in private practice for four decades, is out on $15,000 bail pending his appeal. His passport has been surrendered.

In passing sentence, District Judge Lim Tse Haw said patients consent to their doctors touching their bodies based on the trust and understanding that it is necessary for treating their illnesses.

"This trust is sacrosanct," he said. "The public must have absolute confidence in their doctors that they will not abuse that trust when treating their patients.

"When that trust is broken and a doctor has abused that trust to violate the modesty of his patient, then the courts will impose a deterrent sentence in order to send a clear and unequivocal message that such reprehensible conduct will not be tolerated."

In June 2011, the victim, a sales representative, visited Thong Hoe Clinic in Bukit Batok Street 11 and told Lee that she had stomach wind and nausea.

She was lying on the examination bed with her T-shirt lifted up when Lee tapped her stomach.

When she complained of chest pain and asked if she could still exercise, Lee inserted his hand into her bra, squeezed her breast and said: "Yes, as long as... you don't get chest pain here."

She thought it was part of the examination but around four months later - while visiting him for a sore throat and to discuss weight management - he groped her breast again and she realised Lee had taken advantage of her.

After telling her then boss and a female doctor friend about what happened, she decided to make a police report. The court heard she suffered significant and lingering emotional trauma as a result of Lee's acts.

A doctor diagnosed her with post-traumatic stress disorder.

Lee's lawyer S. Selvaraj urged the court not to jail his client as it would aggravate his hypertension, high blood pressure and heart condition. He said Lee's wife, a doctor who retired after suffering a stroke about three years ago, was totally dependent on him.

However, Judge Lim agreed with Deputy Public Prosecutor Sarah Ong that there were several aggravating factors. The circumstances in which the offences were committed were "inherently reprehensible" as Lee had abused his professional position as a doctor. Judge Lim said: "The fact that Dr Lee had repeated his act because the victim did not make a complaint against him after the June incident is clearly an aggravating factor."

He added that Lee had done a great disservice to the medical profession and felt Lee's medical problems were not severe enough to qualify his case as an exception. He said: "I am confident that our prisons will have the necessary medical facilities to attend to Dr Lee's medical problems."

Lee - a long-time contributor of motoring articles to The Straits Times' Life! section and Torque magazine - was convicted in March. He could have been jailed for up to two years and/or fined on each charge. He escapes caning as he is above 50 years old.

 

XingCai

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71-year-old doctor loses appeal, sentenced to 10 months' jail for molest

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Dr Winston Lee Siew Boon will serve a 10-month jail term for molestation after his appeal was dismissed by the High Court on Monday, July 20, 2015. Dr Winston Lee Siew Boon will serve a 10-month jail term for molestation after his appeal was dismissed by the High Court on Monday, July 20, 2015.PHOTO: ST FILE

Published Jul 20, 2015, 2:52 pm SGT
Selina Lum

SINGAPORE - Medical doctor Winston Lee Siew Boon, 71, failed to escape jail for molesting a patient on two occasions after the High Court on Monday dismissed his appeal against conviction and sentence.

The court found that the woman's testimony was "completely consistent internally" and that she had no motive to accuse Lee falsely of touching her breast.

In dismissing Lee's appeal against sentence, Justice Chan Seng Onn noted that the general practitioner - who is also known as a motoring writer - was " particularly cunning" in disguising his act of molestation as part of his explanation of a potential medical problem while examining the patient .

The woman trusted Lee and even gave him the benefit of the doubt after the first incident, noted Justice Chan. "It is loathsome that he did not relent and tried it again by molesting her twice on the second occasion."

"He violated the dignity of the complainant on more than one occasion and in the conduct of his noble and professional duty. He clearly abused the trust that the complainant had placed in him as her doctor."

However, Lee, a doctor for 40 years, was allowed to start his 10-month jail term on Aug 17. He had asked for time to transfer his 70,000 patients to other doctors, make caregiving arrangements for his wife and undergo a medical check-up.

The woman, a medical products sales representative, had testified that she saw Lee in June 2011 for nausea and flatulence. When she complained of chest pain, he put his hand under her bra and squeezed her breast.

She brushed it off as part of the check-up, thinking it was the doctor's way of showing the location of her heart.

Four months later, when she saw him for a sore throat and to discuss weight management, she said he groped her breast again. It was then that she realised Lee had used the excuse of showing her where the chest pain would be to touch her breast during the first incident.

She made a police report after consulting her boss and a female doctor.

Lee said that he had placed a clenched fist over her breastbone to show where she would experience chest pains.


 

Kamuro

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Doctor fails in bid to have conviction relooked but is allowed to defer jail term


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Published 9 hours ago
Selina Lum

SINGAPORE - Medical doctor Winston Lee Siew Boon, 71, was allowed to start serving his 10-month jail term for molesting a patient on Jan 4 next year by the Court of Appeal on Monday (nov30).

This came after the three-judge court turned down his bid to get the judges to relook his conviction through a procedure known as criminal reference.

In a criminal reference, the accused or prosecution can raise important questions of law of public interest to the Court of Appeal for it to make a definitive ruling.

Lee, a doctor for 40 years and is known as a motoring writer, was convicted and sentenced last year by a district court for touching the breast of a patient.

His appeal to the High Court was dismissed in July and he was allowed to start serving his jail term on Aug 17.

But Lee, represented by Senior Counsel N. Sreenivasan, took his case to the Court of Appeal, seeking a ruling on questions relating to how the defence may rebut the presumption that the prosecution has complied with its duty of disclosure during trial.

Yesterday, Chief Justice Sundaresh Menon, who delivered the decision of the court, which also comprised Judges of Appeal Chao Hick Tin and Andrew Phang, pointed out that there is only one level of appeal in Singapore's legal system.

While there is a procedure to take the case higher, there are clear limitations of this right so that the single tier of appeal does not become a system of two tiers, said CJ Menon.

The court dismissed the appliction, finding that the case did not raise a question of law of public interest.

Lee then sought to defer the start of sentence as his wife was sick and, also, in light of the upcoming holidays. The prosecution did not object.



 

Cream

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Doctor fined $3,000 for making fraudulent declaration


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Winston Lee Siew Boon, 72, was fined $3,000 on Tuesday (Jan 12) for making a fraudulent declaration when trying to renew his practising certificate. PHOTO: ST FILE

Published Jan 12, 2016, 11:48 am SGT
Elena Chong
Court Correspondent

SINGAPORE - A medical doctor and former motoring writer was fined $3,000 on Tuesday (Jan 12) for making a fraudulent declaration when trying to renew his practising certificate.

Winston Lee Siew Boon, 72, admitted to declaring in writing to the Singapore Medical Council (SMC) on July 23, 2013, that he had not been the subject of an inquiry or of any police probe since his last declaration.

He knew this to be false as he was being investigated for molesting a then 34-year-old female patient on two occasions at his Thong Hoe Clinic in Bukit Batok Street 11, in June and October 2011.

He was convicted after a seven-day trial of touching the breast of the sales representative in March 2014, and sentenced to 10 months' jail in May that year.

He appealed and lost.

He began his sentence last Monday (Jan 4) after the Court of Appeal turned down his bid last November to get the judges to relook his conviction through a procedure known as criminal reference.

In Tuesday's case, the court heard that Lee was called up by the police for investigation relating into the outrage of modesty allegation in November 2011. He was arrested in April 2013, released on bail and charged in court.

Ministry of Health prosecutor Andre Moses Tan said that the SMC received Lee's application for renewal of practising certificate in July 2013. The certificate was due to expire in December the same year.

He ticked the "No'' box to the question if he had been convicted or been the subject of an inquiry or of an investigation by any professional body, licensing health authority or the police which may form the basis of professional misconduct or amount to improper conduct which may bring disrepute to the medical profession.

Lee's lawyer Charles Lin said his client had firmly believed in his innocence since criminal investigation started. Representations had been made to the Attorney-General' s Chambers and Lee had also believed that offences could be compounded and the investigations would end there.

Mr Lin said his client is a very good doctor, and had an unblemished record of practice for the past 40 years caring for over 70,000 patients.

He read out a number of testimonials from Lee's patients and fellow colleagues. They described the veteran family physician as "kind-hearted and sincere'', respected, diligent and caring, "quiet, timid and soft spoken''.

Lee, who will face separate SMC proceedings, could have been fined up to $10,000 and jailed for up to two years under the Medical Registration Act.



 
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