Ong Beng Seng fined maximum $30k for abetting obstruction of justice, spared jail under judicial mercy

Property tycoon Ong Beng Seng has been granted judicial mercy by the courts, and fined the maximum stipulated sum of $30,000 for abetting the obstruction of justice.

The 79-year-old, who has incurable cancer, listened intently as District Judge Lee Lit Cheng passed the sentence on Friday (Aug 15) afternoon.

The offence of abetting the obstruction of justice carries a jail term of up to seven years, or a fine, or both.

Ong pleaded guilty on Aug 4 to one charge of abetting former Transport Minister S. Iswaran in obstructing the course of justice.

A second charge of abetting a public servant in obtaining gifts will be taken into consideration for sentencing. 

Iswaran was handed a 12-month jail term on Oct 3, 2024. This term included four months' jail for obstructing the course of justice by making payment to Singapore GP to cover the cost of the flight from Singapore to Doha.

Judge Lee noted Ong's "lower culpability", as it was Iswaran who had asked Ong to bill him for the Doha trip.

Judicial mercy is when the courts give leniency to offenders with exceptional personal circumstances, on humanitarian grounds.  

It has been exercised in cases where an offender has terminal illness, or dire medical conditions that endanger their life if they were to be imprisoned.

In her sentencing remarks, Judge Lee said there is clear medical evidence that imprisonment will endanger Ong's health, and that judicial mercy is warranted.

Judge Lee said the appropriate sentence for Ong would be a three month jail term, after taking into consideration his early plea of guilt and his second charge.

In this case, it was assessed that imprisonment will pose a high risk to Ong's life given his serious medical condition.

Ong suffers from multiple myeloma, a type of bone marrow cancer, and other health issues.

District Judge Lee said that judicial mercy tempers the imposition of punishment in the light of humanitarian concerns.

The central question for this case lies in whether judicial mercy is warranted, she said.

District Judge Lee said it is clear that Ong suffers from multiple myeloma, and agrees with both the defence and prosecution's earlier views that imprisonment would carry high and increased risk of endangering his life.

"I therefore agree with defence and prosecution that exercise of judicial mercy is warranted, and I impose a fine of $30,000 rather than jail," she said.

She noted that Ong's offences are "undoubtedly serious" and severely damage the trust in and integrity of public institutions.

But while Ong's offences warrant condemnation, the Corrupt Practices Investigation Bureau was not impeded in investigations.

Additionally, Ong made sure to have proper records of Iswaran's request for payment five months later, the judge said.

Before his hearing scheduled for 2.30pm, Ong arrived wearing a white shirt and mask.

He remained silent as he walked into court alongside his lawyers and staff. 

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At the Aug 4 hearing, the defence had asked the court to exercise judicial mercy, on grounds that sending Ong to prison would significantly endanger his life.

Senior Counsel Cavinder Bull from Drew & Napier had told District Judge Lee Lit Cheng that his client is severely immunocompromised and at risk of infection, and is also a high fall risk patient.

"Mr Ong is currently living on a very narrow margin, with no room for error," Bull said, adding that the billionaire is cared for by a team of doctors including specialists.

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Bull also argued that a jail term should not be imposed on Ong even if judicial mercy is not granted, citing his ill health as a mitigating factor.

The senior counsel said Ong had simply received a request from Iswaran to be billed for the Doha-Singapore flight worth $5,700 and complied with it, and that his client regrets his actions.

The prosecution had said it acknowledges that judicial mercy is warranted in Ong's case and would be appropriate instead of a custodial sentence.

It asked for Ong to be given the maximum fine, which would be $30,000 in this case.

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lim.kewei@asiaone.com