Ong Beng Seng fined maximum $30k in Iswaran-linked case after judge cites 'judicial mercy'

Billionaire tycoon Ong Beng Seng was fined $30,000 on Aug 15 for abetting the obstruction of justice in a case linked to former transport minister S. Iswaran.

Ong, 79, was handed the maximum fine for the offence after he had earlier pleaded guilty to it on Aug 4.

When Principal District Judge Lee Lit Cheng delivered the sentence, Ong looked ahead and had no reaction. After the hearing ended, he gave a thumbs up to one of his lawyers.

The judge agreed with the prosecution and defence that judicial mercy should be exercised in this case due to Ong's ill health.

She said: "Based on the clear and undisputed medical evidence before this court, the accused suffers from advanced multiple myeloma (an incurable cancer of plasma cells), and a sentence of imprisonment would carry a high and increased risk of endangering his life."

Judicial mercy is the discretionary power of Singapore's courts to give a more lenient sentence because of exceptional mitigating circumstances.

Judge Lee noted the offences committed by Ong in this case were undoubtedly serious, as the charge he admitted to involved conduct likely to obstruct the course of justice.

Had Ong's medical condition been absent, the appropriate sentence would have been three months' jail, she added.

The prosecution had earlier acknowledged that while eight weeks' imprisonment would ordinarily be warranted in this case, it did not object to a fine for Ong as jail time would result in an increased risk of endangering his life.

Ong's lawyer, Senior Counsel Cavinder Bull, had argued that his client's medical condition has had a destructive impact on his skeletal system. Ong was diagnosed with advanced multiple myeloma in 2020.

Imprisoning him would thus dramatically increase life-threatening risks for him, said SC Bull.

Ong arrived at the State Courts at around 2pm flanked by his lawyers and security team. This sparked a media frenzy, but Ong did not speak to reporters as he walked towards the entrance.

The hearing ended in 30 minutes, after which Ong was seen signing what appeared to be a cheque book.

He left the State Courts at around 3.25pm without speaking to the media.

Those convicted of abetment of obstruction of justice can be jailed for up to seven years, fined or both. Under the Criminal Procedure Code, the District Court can impose a maximum fine of $30,000 for the offence.

Ong's offence

In December 2022, Ong asked Mr Iswaran if the then minister would like to join him on a trip to Qatar.

Ong told Mr Iswaran he would be his guest, travelling on his private jet. The businessman added he would take care of all of Mr Iswaran's expenses for the trip, including his hotel accommodation.

Mr Iswaran accepted his offer.

On Dec 10, 2022, Mr Iswaran travelled to Doha, Qatar, on Ong's private jet, with the flight valued at around US$7,700 (S$10,410.40, as stated in court documents).

Mr Iswaran checked into the Four Seasons Hotel, which cost $4,737.63 for a one-night stay.

After one night in Doha, Mr Iswaran returned to Singapore on a business-class flight valued at $5,700, which Singapore GP also paid for.

How Ong's actions came to light

In May 2023, while the Corrupt Practices Investigation Bureau (CPIB) was investigating a separate matter relating to Ong's associates, it came across the flight manifest of the outbound flight on Ong's private jet that Mr Iswaran took to Doha.

On May 18, Ong was informed by his associates that CPIB had seized the flight manifest that had details of the Doha trip. Ong told Mr Iswaran about this over the phone.

Mr Iswaran asked Ong to have Singapore GP bill him for the Doha trip, including the flight to Singapore on Dec 11, 2022.

Ong agreed and had Singapore GP director Mok Chee Liang arrange the payment, and told Mr Mok to keep proper records of this.

On May 24, 2023, Mr Mok e-mailed Mr Iswaran's personal assistant with an invoice for the flight from Doha to Singapore.

Mr Iswaran then issued a cheque for $5,700 to Singapore GP, which the prosecution said had a tendency to obstruct the course of justice, as it made it less likely that he would be investigated by CPIB in relation to the Doha trip.

The prosecution said Ong also knew that Mr Iswaran's act of paying for the flight from Doha to Singapore was likely to obstruct the course of justice.

On Oct 3, 2024, Mr Iswaran was sentenced to 12 months' jail after he pleaded guilty to five charges, including four over obtaining valuable items as a public servant.

Health conditions

Ong's lawyers said he suffered from a "devastating cocktail of medical problems". These include:

• Advanced multiple myeloma, a cancer that affects white blood cells, which are crucial to the body's immune response. Ong was diagnosed in 2020.
• A hollowed out spinal vertebrae caused by the cancer. A radiology photo of this was shown to the court.
• A metal rod inserted in the spine, which could become infected.
• "Intractable and relentless" diarrhoea, which puts him at risk of hypotension and acute kidney injury.
• Peripheral vascular disease of both feet, with a non-healing toe wound that places him at risk of infection and gangrene.
• Risk of falls that could result in permanent disability or life-threatening injury.