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Social media legend and influencer Wendy Cheng, also known as Xiaxue, was called as a witness in the trial of Phoon Chiu Yoke on Feb. 24.

Phoon has been given the nickname "Badge Lady" due to a previous altercation where she demanded to see the badge of a Safe Distancing Ambassador who was confronting her for not wearing a mask at Marina Bay Sands.

Representing herself

Phoon, was in court contesting four charges.

According to CNA, Phoon was on trial for two charges of failing to wear a mask along Orchard Road in March 2022, one charge of failing to wear a mask in ION Orchard in August 2022, and one charge of failing to attend an investigation by STB in March 2022.

Cheng and her cameraman Kent Lee were called as prosecution witnesses, The Straits Times (ST) reported.

Cheng and Lee had filmed Phoon walking around Orchard Road maskless on Mar. 6 2022, weeks before wearing masks outdoors became optional on Mar. 29 2022.

Cheng and Lee were outside Mandarin Orchard filming an advertisement when Lee said he spotted Phoon.

CCTV footage taken by a camera at Mandarin Gallery was used by the prosecution as evidence to place Lee at the scene.

Phoon, who was representing herself, cross examined Lee, questioning his ability to identify himself in the footage, reported CNA.

Saying that the figure shown in the footage could not be positively identified as a man or woman, only that it appeared to show "an average-size human being", and that the mask that Lee was wearing prevented her from identifying him.

She also apparently asked Lee why he was wearing a mask at all, to which Lee replied that everyone was required to at the time. Lee also added that he could reproduce the clothing he was seen wearing in the CCTV footage if needed.

Questioned validity of video evidence

Cheng, who had been alerted by Lee about Phoon's presence while interviewing a member of the public for a filmed contest, had used her phone to film Phoon.

Explaining why she had done that, CNA reported that Cheng said that "it's generally to my advantage to post things that are interesting to the public".

Cheng also said that she had asked Phoon if she wanted to be a contestant for her video, with a chance to win prizes, but Phoon did not respond.

Cheng also asked Phoon if she was the "Badge Lady", but did not receive a reply, after which Cheng did not pursue Phoon.

Phoon, however, said that Cheng's video showed neither time nor date, and that there was no way for her to know "the validity of the evidence", reported ST.

Cheng had posted about her encounter on Instagram at the time.

Then, Cheng speculated that Phoon was walking around Orchard Road without a mask because she "purposely" wanted people to film her, and called her "next level".

Video Validity

Disputing video evidence appears to be a theme that Phoon pursued in her defense.

According to ST, the prosecution called a STB's lead investigation officer as a witness, who said that he had collected Mandarin Gallery's CCTV footage and edited several clips together showing Phoon.

Phoon again questioned the validity of the footage, asking how she was to know that  "no other edits were made?"

The judge said that he took her point, asking Phoon if she wished to see the raw footage and called for an ancillary hearing to determine if the evidence had been tampered with, and thus whether it is admissible.

Phoon has already been served 16 weeks in jail for nine charges of breaching Covid-19 safe distancing measures, including her initial offence at Marina Bay Sands.

At the time, 16 other charges were also taken into consideration.

CNA reported that Phoon could be jailed for up to a year, and fined S$20,000.

Her trial continues on Feb. 27.

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