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SINGAPORE – The High Court on Monday (August 31) upheld the acquittal of two men, who were tried jointly last year for receiving payment in connection with the sexual exploitation of a male child victim of human trafficking.
The case, believed to be the first reported involving a foreign child victim of human trafficking, involved a then 16-year-old from Thailand, as well as Tan Boon Chian, a brothel owner, and his assistant Liew. . Beng Huat.
Tan was 54 and Liew 61 when they were both acquitted in October of last year.
There is a gag order for the victim in the case filed under the Human Trafficking Prevention Act.
Dismissing the prosecution’s appeal to overturn the sentence, Judge Chua Lee Ming noted that the prosecution had not provided sufficient evidence to show that the men had reason to suspect a minor was in the brothel.
In accordance with article 6, paragraph 1, of the Act, “Any person who knowingly receives payment in connection with the actual or planned exploitation in Singapore of a trafficked person is guilty of an offense”,
In their appeal, Deputy Prosecutors Gail Wong and Sarah Siaw said that Tan and Liew “had the authority and opportunity to investigate the ages of prostitutes” but did not have it, demonstrating that they wanted to avoid confirming suspicions.
They argued that if Tan and Liew’s “weak denial of knowledge” were accepted, other brothel owners and their assistants could “easily avoid responsibility if they were deliberately ignorant of these victims.”
While the prosecution tried to argue that the men were “intentionally blind,” Judge Chua considered that the facts they presented were “neutral,” and indicated that he was not convinced that the accused knew that at least one of the prostitutes was a minor. old.
He added that although the section “requires knowledge that the victim was a minor”, “it does not presume it.”
Both men, who are Singaporeans, are alleged to have committed the crimes over four days beginning on December 4, 2017.
Tan was said to have knowingly received $ 250 from various prostitutes in connection with the actual sexual exploitation of the child, who was a victim of trafficking at the material time.
Liew was said to have received $ 90 from a person in connection with the actual sexual exploitation of the boy.
Attorneys Choo Yean Lin and Tiah Kiang Choon defended Tan, while Leon Koh represented Liew.
The charges were brought under Section 6 (1) of the Act, which establishes a fine of up to $ 100,000 and a jail term of up to 10 years, as well as up to six strokes of the baton for a first-time offender.
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