The Art Of The Deal

We know the opposition can be fixed, but has that dastardly political practice metastasized to the legal system too?

When Ms Darinne Ko was seen escorted to court by Corrupt Practices Investigation Bureau (CPIB) staff, it was a clear signal a deal was set in place. Ms Cecilia Sue had set the precedent, her special arrangement was with CPIB Deputy Director Teng Khee Fatt. Like Ms Sue, Ko is now accused of deviating her court testimony from her recorded statements, and threatened with impeachment. The Deputy Public Prosecutor Andre Jumabhoy has a hostile witness on his hands.

That's a person who, in the court's opinion, gives adverse testimony or displays hostility or prejudice against the party which called him or her to testify. Another variant of this is the adverse witness, a person who intentionally gives unfavorable evidence against the party that called him or her as its key witness. The calling party (i.e. the public prosecutor) may cross-examine a hostile witness as if she was called by the opposing party. A hostile witness may be impeached by discrediting his or her credibility.

Corruption has many facets

Since Ms Ko is a trained lawyer, she must have her professional reasons for the switcheroo. It must have crossed her mind that the law which can fix her law professor Tey Tsun Hang could just as easily have her fixed too. Her mother had asked nicely if they should engage a lawyer when she was first picked up for questioning at the crack of dawn. The rude response: "If she wanted everyone to know what was going on, she could go ahead to get a lawyer" - a not too subtle reminder of the threat to drag out the Central Narcotics Bureau chief corruption case if co-operation was not forthcoming. And then there was the offer that could not be refused - an obvious rip-off from Mario Puzo's "The Godfather". Revealing details of her interrogation, Ms Ko disclosed that she was told by Deputy Director Teng (same guy who had 4 hours of private time with Ms Sue in his office) that his officers had informed him she had not been "cooperative". Specifically, Teng said that the evidence that Ms Ko gave was not "making the element of the charge" against Tey.

Those of you who are trained in law are the better judge whether these backroom deals are kosher. For us laymen, they sure as hell don't pass the smell test.