Goh Kah Heng v Public Prosecutor: Application to Transfer Trial to High Court

Goh Kah Heng (alias Shi Ming Yi) and Raymond Yeung Chi Hang applied to the High Court of Singapore on 12 March 2009 for an order to transfer their trial from the District Court to the High Court. They argued that a fair trial was not possible because the Senior District Judge was previously the head of the Commercial Affairs Department when they were charged. Choo Han Teck J dismissed the applications, finding no reasonable apprehension of bias.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Applications dismissed.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Goh Kah Heng applied to transfer his trial from District Court to High Court, arguing potential bias due to Senior District Judge's prior role. The application was dismissed.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyWonWon
David Chew of Attorney-General’s Chambers
Jaswant Singh of Attorney-General’s Chambers
Goh Kah Heng (alias Shi Ming Yi)ApplicantIndividualApplication DismissedLost
Raymond Yeung Chi HangApplicantIndividualApplication DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
David ChewAttorney-General’s Chambers
Jaswant SinghAttorney-General’s Chambers
Hamidul HaqRajah & Tann LLP
Jansen ChowRajah & Tann LLP
Adrian Wong Soon PengRajah & Tann LLP
Andre YeapRajah & Tann LLP
Ng Lip ChihNLC Law Asia LLP

4. Facts

  1. Goh Kah Heng was charged with offences under the Penal Code and the Charities Act.
  2. Raymond Yeung Chi Hang was charged with abetment by conspiracy with Goh Kah Heng.
  3. The trial was scheduled to commence in the District Court.
  4. The applicants applied to transfer the trial to the High Court.
  5. The Senior District Judge was the head of the Commercial Affairs Department when the applicants were charged.
  6. The applicants argued that there was a reasonable apprehension of bias because of the Senior District Judge's prior role.

5. Formal Citations

  1. Goh Kah Heng (alias Shi Ming Yi) v Public Prosecutor and Another Criminal Motion, Cr M 4/2009, 8/2009, [2009] SGHC 61

6. Timeline

DateEvent
Judgment reserved
Trial scheduled to commence in the District Court
Trial scheduled to conclude in the District Court

7. Legal Issues

  1. Transfer of Trial
    • Outcome: The court held that there was no reasonable apprehension of bias and dismissed the application to transfer the trial.
    • Category: Procedural
    • Sub-Issues:
      • Reasonable apprehension of bias
      • Judicial independence

8. Remedies Sought

  1. Order to transfer the trial from the District Court to the High Court

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Criminal Law
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Narendralal Mukherjee v The StateHigh CourtYes(1956) Cr LJ 974(2) Vol 57IndiaCited in support of the principle that a magistrate who assisted in the investigation should not conduct the trial.
Maung Than Shwe v Deputy Commissioner, HanthawaddyHigh CourtYes(1937) 38 Cr LJ 923BurmaCited in support of the principle that magistrates from the district in which the accused was charged should not conduct the trial.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Criminal Procedure Code, Cap 68, 1985 Rev EdSingapore
Penal Code, Cap 224, 1985 Rev EdSingapore
Charities Act, Cap 37, 2007 Rev EdSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Transfer of trial
  • Reasonable apprehension of bias
  • Judicial independence
  • Commercial Affairs Department
  • Senior District Judge

15.2 Keywords

  • Criminal
  • Transfer
  • Trial
  • High Court
  • Bias
  • Singapore

17. Areas of Law

Area NameRelevance Score
Transfer of Cases90
Criminal Procedure75
Criminal Law60
Administrative Law30
Asset Recovery25

16. Subjects

  • Criminal Law
  • Criminal Procedure
  • Courts and Jurisdiction