Court Of 3 Judges send Lim Tean’s case back to disciplinary tribunal for retrial

SINGAPORE: The Court of Three Judges has decided to set aside a disciplinary tribunal’s findings against Lim Tean, a Singaporean lawyer and leader of the People’s Voice (PV) party.

The charges relate to two instances of grossly improper conduct involving a S$30,000 cheque, which he encashed despite being informed of his discharge from representing the client.

On Monday (1 April), the Court of Three Judges, comprising Chief Justice Sundaresh Menon, Justice of Appeal Tay Yong Kwang, and Senior Judge Andrew Phang, annulled the Disciplinary Tribunal’s verdict against Lim Tean and mandated a new hearing.

In August 2023, a disciplinary tribunal, appointed by the Chief Justice in 2021, found Mr Lim guilty of grossly improper conduct concerning the aforementioned matter.

The tribunal deemed the case grave enough to warrant referral to the court, the apex disciplinary authority for the legal profession, empowered to suspend or disbar lawyers.

However, Mr Lim has now opted to provide testimony in his defence before the tribunal, contrary to his earlier decision, guided by legal counsel, due to concerns over a separate criminal case he is entangled in.

Chief Justice highlighted the unusual circumstance of the case

As Mr Lim appeared before the court on Monday, the Chief Justice highlighted the unusual circumstance of the case: the tribunal had rendered its decision solely based on documents, as neither Lim nor his former client provided oral evidence, resulting in gaps in the factual account.

Mr Chenthil Kumarasingam, representing the Law Society of Singapore, clarified that after filing a complaint against Lim, the client, Mr Suresh Kumar A. Jesupal, opted out of further involvement in the proceedings.

Mr Lim disclosed that a few days before the disciplinary hearing, he was charged with criminal breach of trust (CBT) concerning the same sum of money.

He stated that upon the advice of his legal counsel, he refrained from presenting evidence during the disciplinary hearing, particularly due to Mr Suresh Kumar’s absence.

Mr Lim expressed concerns that such evidence might be used against him in the criminal case.

However, he has since decided to testify before the tribunal due to “changed circumstances.”

Highlighting the severity of the CBT charge among the seven criminal charges he faces, Mr Lim noted that the prosecution opted to proceed with less serious charges related to practising law without a valid certificate, leaving uncertainty about the fate of the CBT charge.

After considering Mr Lim’s explanation, the Chief Justice deemed it reasonable for him to follow legal advice, especially given the absence of evidence from the complainant.

Case sent back to tribunal

Consequently, the court set aside the tribunal’s findings and sent the case back to the tribunal for a fresh hearing, allowing Lim to present testimony and call witnesses as needed.

Mr Lim’s testimony will address crucial questions regarding his awareness of the termination of his retainer and any agreements concerning the $30,000 payment with Mr Suresh Kumar.

Initially appointed on 23 Oct 2018, to represent Mr Suresh Kumar in a traffic accident claim, Lim’s involvement concluded when, on November 13 of the following year, Mr Suresh Kumar engaged a new law firm, Joseph Chen & Co, to take over.

The same day, Joseph Chen & Co notified Mr Lim’s firm, Carson Law Chambers, of the change and filed a notice of substitution of solicitor.

Shortly after, Willy Tay Chambers, representing the defendants in the suit, issued a S$30,000 interim payment cheque to Carson Law Chambers.

The tribunal found Mr Lim guilty of grossly improper conduct for cashing the cheque despite being aware of his discharge and for violating solicitors’ account regulations by depositing the funds into his firm’s general account instead of the client account.

Senior Judge Andrew Ang and senior lawyer Philip Fong constituted the two-member tribunal.