Former Singapore Idol judge Ken Lim appeals conviction, 13-month jail term for molesting woman

“The judge failed to give due regard to this contrasting evidence in respect of communications to friends and her evidence in court which seems to paint Mr Lim as a sexual predator,” argued Mr Tan.

THE MOLEST INCIDENT

Days later, on Nov 23, 2021, the woman met Lim for a third time, when she said the molestation occurred.

The woman testified at trial that Lim had tested her by asking her to kiss him and she complied but made a disgusted face afterwards.

Lim then said she should not make such a face and asked her to kiss him again, passionately, according to the woman.

She testified that while they were kissing, Lim reached into her clothing and groped her breast for a few seconds before removing his hand.

During the appeal, Mr Tan argued that the act described by the victim was physically difficult to carry out in the manner she described, especially within the few seconds she said it took.

“We have tried this many times in our office and we found it was impossible for the act to be done,” Mr Tan said.

He said the victim had agreed that the act, as she described it, would have been awkward, but responded that someone intent on molesting another person would find a way to do so.

Mr Tan then moved on to the victim’s conduct immediately after the alleged molestation, pointing to closed-circuit television footage showing Lim and the victim walking while chatting.

According to Mr Tan, they spoke for about 10 minutes and the victim initiated a hug with Lim before they parted ways.

When asked why she hugged him, the victim said she was not thinking clearly at that point and wanted to avoid confrontation, adding that she hugged people she was close to, but later added that she also gave hugs to those she regarded as friends.

“How is a molester considered a close friend or somebody close to her?” Mr Tan asked, gesturing in court with both palms facing up.

“The only explanation she could give is (that she was on) autopilot, that is totally unacceptable,” Mr Tan said.

“If everything can be dismissed – and we have so much evidence to show she is not a credible witness – if everything can be dismissed … the accused person would have very little chance of defending himself,” he said.

PROSECUTION RESPONDS

In contrast, the prosecution argued that the victim had been a “highly consistent” witness.

Mr Chew said Mr Tan appeared to be trying to raise as many “seeming inconsistencies as possible”.

Addressing why the woman had proceeded with the third meeting despite her discomfort during the second, Mr Chew said there was nothing “so alarming” about what had happened that would have caused her to pull out of the subsequent meeting.

He pointed out that the woman had been seeking an opportunity to break into the entertainment industry and was excited about the prospect. It was “completely understandable” that the woman saw Lim as a mentor who gave her career advice and tips, Mr Chew said.

Turning to the molestation, Mr Chew rejected the defence’s contention that the act as described was impossible to carry out.

He argued that the prosecution did not have to prove that the act was physically possible unless there was evidence suggesting that it was impossible.

“In this case there was no such evidence raised,” Mr Chew said, adding that an act being awkward did not necessarily make it impossible.

Addressing the woman’s apparently normal behaviour immediately after the molest, Mr Chew said she had given clear and reasonable explanations for her actions and state of mind.

“It was not just autopilot as my learned friend tried to frame it. It was clear and textured. She explained she was in a state of shock after being groped by the appellant. This was of course completely understandable. She was not thinking clearly and was operating on autopilot mode,” said Mr Chew.

Mr Chew also disputed Mr Tan’s characterisation of the physical interaction between the pair as a hug, describing it instead as the woman putting an arm around Lim’s back.

“This was her normal behaviour … It’s consistent with her explanation that she was acting normally,” Mr Chew said.

He argued that the woman’s behaviour after she parted ways with Lim was more significant.

When she arrived at the venue where her boyfriend was, she did not join him but instead sat alone in a back alley. Her boyfriend testified that she remained quiet, kept to herself and appeared bothered. The next day, she recounted to him what had happened in an emotional manner.

The prosecution also maintained that the accounts given by other witnesses were generally consistent with the woman’s testimony and with text messages produced in court.

“At the end of the day we say the district judge was completely correct. (The victim) had simply no reason to make up false allegations against the accused if the molest had not taken place at all. She stood to gain nothing from it,” Mr Chew said.