NUS molester will not start probation pending outcome of prosecution’s appeal against his sentence
National University of Singapore student Terence Siow Kai Yuan seen outside the court on Friday (Oct 4). District Judge Jasvender Kaur granted a stay of Siow's earlier probation sentence pending an appeal by the prosecution.
SINGAPORE — The 23-year-old convicted molester who made headlines after he escaped jail time will not serve his probation until the High Court has ruled on the prosecution’s appeal.
National University of Singapore (NUS) student Terence Siow Kai Yuan was earlier sentenced to 21 months of supervised probation and 150 hours of community service.
In a hearing on Friday (Oct 4), District Judge Jasvender Kaur granted a stay of the sentence pending the appeal, despite Siow’s lawyer Raphael Louis arguing that “it is in the interest of justice” for his client to continue with his rehabilitation process.
The supervised probation would come with an offence-specific treatment programme. “(Siow) is in touch with the probation officer. He needs help. He wants to change. He cannot change by himself. His family is there, but his probation officer is there to help him,” said Mr Louis.
“So in that sense, in the wider interest of justice, my client should be allowed to continue with the probation.”
The lawyer also made clear that his request was not intended to “hinder the appeal process” or “stifle the prosecution’s submission” during the appeal hearing.
Deputy Public Prosecutor (DPP) Gail Wong, however, argued that the prosecution’s appeal against the sentence will be “prejudiced” if the probation were to continue.
Such cases highlight the “dilemma” during appeal where the sentence is already served in part, noted DPP Wong.
Citing a previous case as an example, she said: “The court believed that reformative training was the right sentence, but the court did not allow the appeal because it is prejudicial to that sentence at that point because (the person) had already served his sentence.”
Turning to Siow’s case, DPP Wong said there is “no prejudice in starting his probation programme later” since he is now saying that he would be assisted to change. “If he were to seek (any form of help) in the interim, it is in his interest to do so,” she added.
After hearing both sides, the judge made her decision without passing any remarks.
Nevertheless, she interjected when both DPP Wong and Mr Louis sought to revisit certain points pertaining to the nature of Siow’s offence.
DPP Wong, for instance, reiterated that the offence was a “serious one involving sexual contact”. But the judge cut her off, saying: “We have been through that.”
District Judge Kaur’s verdict last Wednesday sparked an online petition on Change.org protesting against what was seen as “favourable sentences for ‘educated’ sex offenders”.
On Sept 12 last year, Siow had sat next to a 28-year-old woman on the MRT train and touched her thigh twice. She moved to another seat before alighting at Serangoon MRT Station, where he followed her onto an escalator and touched her buttocks over her shorts. She filed a police report and he was arrested a few days later.
He later admitted in a probation report that he had committed similar acts since he enrolled in NUS in 2016.
The judge had described Siow’s offences as “minor intrusions” and sentenced him to probation after a report assessed that he was suitable for it since his academic results showed he has the “potential to excel in life” and an “extremely strong propensity” to reform.
The petition has gotten more than 76,000 signatures as of noon on Friday.
The verdict had also drawn comments from Home Affairs and Law Minister K Shanmugam.
Mr Shanmugam had said on Facebook: “I was surprised, myself, with the verdict. I therefore asked AGC (Attorney-General’s Chambers) for their views. AGC officers told me that they disagreed with the verdict, and that they intend to appeal. That is consistent with my views as well.”
He added that while people feel strongly about the case, they should avoid casting aspersions personally on judges, who are doing their duty to the best of their abilities.
The AGC, in response to media queries, later said it has filed an appeal to the High Court against the sentence imposed on Siow. It declined further comment as the matter is before the courts.
