Ex-doctor in HIV data leak given more jail time for failing to give urine sample, breaching OSA

SINGAPORE: A former doctor at the heart of an HIV data leak was sentenced to 10 months' jail on Monday (Dec 21) for failing to give a urine sample to a Central Narcotics Bureau (CNB) officer.

Ler Teck Siang, 39, who is serving his sentence for other offences, argued that refusing to give his urine was not the same as failure to give urine.

He also said there was "no legal order" for him to provide his urine, that he had doubts about the accuracy of the urine test, and that co-accused Sim Eng Chee could have given him adulterants without his knowledge which could lead to a positive test.

District Judge Carol Ling rejected his defence, calling his assertions "creative excuses" and an afterthought.

She said it was a fact that he simply did not want to provide his urine sample "from start to end".

After initially saying he would claim trial to his last remaining charge under the Official Secrets Act, Ler changed his mind and admitted to the charge of failing to take reasonable care of confidential information of those who are HIV-positive. 

The charge - which was the last of the offences he faced - was taken into consideration for the sentencing for the urine sample charge.

Ler was arrested on Mar 2, 2016, at Conrad Centennial Hotel on suspicion of drug consumption. He was taken to the CNB office for investigations, but did not give his urine sample as required from 5.30pm to about 1am the next day despite multiple requests from different CNB officers.

The officers warned him about the consequences of not giving his urine sample, but Ler refused to give it citing his "human rights and civil rights", the court heard.

Ler defended himself as he has done for previous sets of offences. He argued that if the officers had instructed him on how much urine to give, how it was to be collected and other information and he did not comply, only then could he be said to have failed to give a urine sample.

The judge rejected his arguments.

Ler was sentenced to two years' jail in 2019 for helping his then-partner Mikhy Farrera Brochez cheat the authorities about Brochez's HIV-positive status and for giving false information to authorities.

Ler was head of the Ministry of Health's National Public Health Unit between March 2012 and May 2013, and his position is believed to have led to Brochez possessing data from Singapore's HIV registry, which he later leaked.

READ: Doctor in HIV data leak allegedly gave meth injections to client he met on Grindr

In October 2019, Ler was given another 15-month jail term for drug offences - for aiding Sim in consuming methamphetamine and for possessing a syringe intended to administer drugs.

The drug charges arose from the same incident at Conrad Centennial Singapore, when both Ler and Sim were arrested after hotel staff found drug-related items in Sim's room.

READ: Doctor at centre of HIV data leak struck off medical register after helping partner lie about positive status

The Singapore Medical Council's disciplinary tribunal said in September this year that Ler had been struck off the medical register.

Ler's mother, who has consistently attended his trial hearings, was allowed to speak to him after the sentence on Monday.