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Lawyers question AGC’s decision not to charge Nicholas Lim, calling it “unusual”

Posted by temasektimes on April 23, 2019

The decision by the Attorney-General Chambers not to charge NUS student Nicholas Lim Jun Kai for filming a fellow student Monica Baey showering in a hostel as raised eyebrows among many Singaporeans.

In an interview with the state media, criminal lawyers said it is “uncommon” for even a first-time offender to be let off with just a conditional warning for a sexual voyeurism offence, which would come under the Penal Code’s Section 509, which criminalises words or gestures intended to “insult the modesty” of women.

Mr Josephus Tan from Invictus Law Corporation went as far as describing the case as “unusual”:

“A first-time offender for Section 509 Penal Code offence should generally be looking at a sentence of two to four weeks in jail per charge. This NUS case seems unusual as he was let off with a conditional stern warning without going through the judicial process at the first instance.”

Another lawyer Diana Ngiam from Quahe Woo & Palmer LLC added that in recent times, even first-time offenders are usually charged for similar acts of filming upskirt videos.

However, all lawyers agree that the Attorney-General’s Chambers has “full discretion” to decide who to charge and what to charge the person with and they do not have to provide an explanation for their decision.

As of now, there is still no explanation from the police or AGC on why Nicholas Lim was not charged.


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