Ren Ci and Ming Yi - court sentencing

Disgraced monk and former head of charity Ren Ci, Ming Yi, has just been sentenced to 10 months' jail and his assistant Raymond Yeung was sentenced to 9 months. They were both found guilty of several charges related to a unauthorised loan of $50,000 made to Yeung. Many of the charges related to the covering up of the loan such as making false statements to the Commissioner of Charities and creating a false payment voucher. This case is another example of where if the defendants had admitted their wrong when first discovered instead of covering it up, they may well have escaped jail sentences. However, as is often the case, the cover up offences were more numerous than the original offence.

The judge was not impressed with Ming Yi's alleged sacrifices for the charity although a strong mitigation plea was made by his Senior Counsel Andre Yeap. An aggravating factor was that there were numerous acts of trying to cover up the unauthorised loan. Also taken into account was that public trust in the charity system was affected by such acts.

A contrast can be drawn with the case of TT Durai, former Chief Executive Office of the National Kidney Foundation. He was sentenced to a jail term of 3 months under the Prevention of Corruption Act in relation to an incorrect voucher which mischaracterized commission paid to a fund raiser. However, in Durai's case, there was no loss caused to the charity. In Ming Yi's case, the loan was repaid only after investigations had begun.

Ren Ci saga comes to a close?

Ren Ci is a leading Singapore charity involved in providing free medical services. Its founder-chief and monk Shi Ming-Yi and his aide, Raymond Yeung, were charged in court with various offences relating to a $50,000 loan to the aide. Shi was charged with criminal breach of trust in relation to the $50,000 as loans to Yeung were not covered by the charity's staff loan scheme as the latter was a Hongkonger who had not received permission to work in Singapore. Further, the charity's staff loan scheme had strict limits based on the employee's salary.

In an attempt to cover up the loan, the abbot and his aide recorded the $50,000 as a loan to the Mandala Buddhist Cultural Centre, a business entity owned by the charity. However, the Centre's books had no record of this. Later, false statements were made to the Commissioner of Charities when the loan was probed. This is another example where the cover-up offences turn a single act of dishonesty into a whole chain of offences.

Both have just been found guilty after a 21-day trial. Because this was not an isolated act of dishonesty and the fact that public monies in the form of charitable donations were misused, it is possible that a stiff sentence would be meted out. Sentencing will be on 11 November 2009.

[legal note - criminal breach of trust occurs when money entrusted with a person is used for unauthorised purposes. Even using such money for less than a day would amount to an offence under the Penal Code, and this is so even if the money is replaced]