Man cleared of oral sex on boy, 4: prosecution appeals

[Taigong Wang]

May 24, 2011

Man cleared of oral sex on boy, 4: prosecution appeals

AN appeal judge told the prosecution on Monday that measurements should be taken of the penis lengths of boys in oral-sex cases. The comments came while Justice V K Rajah was hearing an appeal by prosecutors against the acquittal of a 45-year-old taxi driver accused of performing oral sex on a boy who was then four years old.

Justice Rajah, one of three judges hearing the appeal, had questioned if the motion described by the boy in court was possible with a 'very very small organ', reported Chinese-language daily Lianhe Zaobao.

The case involved cabby Peter Lee Chee Soon, who had faced a total of five charges of sexual abuse against the boy, the boy's older sister and the boy's aunt.

The prosecution had wanted Lee to be jointly tried on all five charges but after an objection by the defence, the prosecution proceeded with only one charge alleging that he had performed oral sex on the boy in 2005.

The other charges have been stood down pending the outcome of the prosecution's appeal. The boy, who was 8 years old when the trial started in March last year, testified through a video link. He described how 'Uncle Peter' committed the offence.

Lee was friends with the boy's parents and used to take care of the boy while his parents were at work. At the end of the trial, High Court judge Kan Ting Chiu acquitted Lee, saying he was 'left with substantial doubts if the events alleged by the boy actually happened'.

Justice Kan said it was very clear to him that the prosecution had not proved its case beyond a reasonable doubt. The prosecution appealed against the acquittal and on Monday, the hearing of the appeal, the question of the boy's penis length was raised for the first time.

Lianhe Zaobao reported that Justice Rajah questioned if it was possible for Lee to perform oral sex on the boy, who was only four years old, given that boys' sex organs do not develop till they are older.

Deputy Public Prosecutor Lee Lit Cheng replied that it was still possible whatever the length and that the boy had described the cabby's head moving up and down. The court will give its decision next Tuesday.

 

[Taigong Wang]

May 31, 2011

Appeal court upholds oral-sex acquittal

By Selina Lum

THE Court of Appeal on Tuesday upheld the acquittal of a taxi driver accused of performing oral sex on a four-year-old boy.

Delivering the verdict of the three-judge court, Judge of Appeal Andrew Phang said they were 'unable to say that the trial judge was plainly wrong in his assessment of the facts' and dismissed the prosecution?s appeal against the High Court's decision to acquit the cabby.

The 45-year-old cabby faces four pending charges for molesting the two girls - the boy's older sister and his aunt - between 1994 and 1998 when they were between five to six years old.

These four charges were stood down at the start of the cabby?s trial in March last year, with the prosecution proceeding only with its case against him for performing oral sex on the boy in 2005.

After the appeal court upheld his acquittal, the cabby said he was happy with the verdict, showing reporters his trembling hands. However, he said he was worried about the outstanding charges.

The cabby was friends with the boy's parents and used to take care of him while they were at work. During the trial, the boy testified that the cabby had bitten his sex organ in 2005 while they were in the man's bedroom.

In July 2010, he was acquitted by High Court judge Kan Ting Chiu who said he was 'left with substantial doubts if the events alleged by the boy actually happened', and the prosecution had failed to prove its case beyond a reasonable doubt.