Five women have accused the former Singapore Idol judge Ken Lim Chih Chiang of molestation and insult of modesty.
The 59-year-old Lim, who was handed a total of seven charges, will be fighting each victim's allegations in five separate trials.
This is after the judge ruled in favour of the defence on Nov. 17, 2023, rejecting the prosecution's application for all seven charges to be handled together in one trial, CNA and The Straits Times reported.
The judge said there would not only be no practical benefits for a joint trial, but would be prejudicial to Lim since the five women do not know each other.
A brief background
On March 30, 2023, Lim was first handed one count of molesting a 25-year-old woman in his Hype Records office at Henderson Road, on Nov 23, 2021
This spurred four more women to come forward and accuse Lim of insulting their modesty in separate time periods between 1998 and 2013.
Lim was subsequently handed six more charges, where he is accused of making lewd remarks and gestures in a bid to help them with their supposed sexual inexperience, amongst others.
Prosecution wants a joint trial
In a decision on Nov. 17, 2023, the judge ruled in favour of the defence — that Lim will contest each of the victim's accusations in separate trials.
The defence representing Lim — Senior Counsel Tan Chee Meng, Paul Loy and Calvin Ong of WongPartnership — argued against the prosecution who sought one joint trial.
According to CNA and The Straits Times, the prosecution argued that Lim's alleged offences are of "a similar character".
Lim's alleged modus operandi, and offences' similarity, bind charges together
They argued that Lim's alleged modus operandi was the common thread binding the charges together, where he had engaged the women and committed six out of the seven offences at his office, and in the capacity as Hype Records' director.
These women, aged 18 to 26 then, were either looking to work at Hype Records, pursuing a career in music and/ or were artistes working with him or under his management.
Lim allegedly made "sexual overtures to the victims" in his offences, offering to be their sexual partner, and in one case, making actual sexual contact with the alleged molested victim.
Lim would not have an "albatross around his neck" with an expedited joint trial
To further their case for a joint trial, the prosecution made note that the defence had repeatedly urged them to expedite the trial so that Lim could clear his name.
"He wants to clear his name quickly, he wants an expedited trial, and we say, your honour, please grant him his wish."
That way, he would not have an "albatross around his neck", the prosecution said.
Defence wants separate trials
The defence noted in court documents that the prosecution needed to establish a close nexus between Lim's seven charges to argue for a joint trial.
They cited a past case that stated a joint trial was appropriate when the offences arose from the same set of facts and because of the proximity of location and time.
No nexus between seven charges
However, the defence contended that Lim's "supposed modus operandi" of the offences, as claimed by the prosecution, as well as the alleged offences committed, are different.
Noting that the prosecution had amended the charge in October 2023 by adding in the detail that the alleged victim was molested when she met Lim for a work interview, the defence said the prosecution has "mischievously sought to engineer a nexus by misrepresenting facts" to "advance its case of similarities".
"This is a blatant attempt to find similarity when none exists."
The defence also said that nowhere in Lim's charges did it state that he had committed the alleged offences in his capacity as Hype Records director.
No proximity of location and time
They also argued that there is no proximity of location as the alleged offences were committed in Lim's home, his office, and the car park of the building where Hype Records is located.
Lastly, the defence argued that there is no proximity of time as the charges relating to each woman spanned "entirely distinct and separate timelines", where the oldest charge in 1998 dates back to some 25 years ago.
Other charges did not state a definite date, with some stating that the alleged offences took place within a time period between two to four years.
Defence: Justice hurried is justice buried
Responding to the prosecution's claim that a joint trial would do Lim a favour, the defence retorted that this was "furthest from the truth".
"What the Defence had previously raised issue with was the slow manner in which the case against Mr Lim had been proceeding, given the constant adjournments sought by the Prosecution after it had preferred the 1st Charge against Mr Lim, to conduct additional investigations and prefer additional charges piecemeal."
Saying that "justice hurried is justice buried", the defence said Lim is "entitled" to defend the allegations against him, "without the prosecution throwing other charges that are unrelated at him".
The defence held firm even after the judge said that they could potentially be looking at five trials and said, "Expediency should not be the reason why joint trials are being ordered [...] my client is very clear — Let it be five trials, but he doesn't want to be prejudiced."
This spurred a response from the prosecution who said, "Justice delayed is justice denied."
Judge ruled against prosecution
After several hours' deliberation, the judge ruled that Lim should not be tried on all seven charges together in one trial.
She agreed with the defence and noted that Lim's alleged offences took place over different time periods.
Joint trial prejudicial to Lim and impractical
She said there would not only be no practical benefits for a joint trial, but would be prejudicial to Lim since the five women do not know each other.
Lim’s pre-trial conference is set to take place on Dec. 8, 2023, where the parties will discuss which charges to proceed on first for trial and when it will begin, amongst others.
If found guilty of molestation, Lim can face up to two years' jail, a fine or both.
He cannot be caned as he is above the age of 50.
For each count of insulting a woman's modesty, Lim can face up to a year's jail, a fine, or both if convicted.
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Top images via Mothership & perfectgroupies/YouTube.