LIM Oon Kuin, who faces cheating and forgery charges, was unable to participate to the best of his ability during several police interviews in 2020, his defence counsel suggested.

The former oil tycoon was on antidepressant medication, as he was “suffering from severe depression and anxiety”, said Davinder Singh of Davinder Singh Chambers in the State Court on Wednesday (Jun 14).

He was referring to a note from a psychiatrist, which had been issued to the police prior to several questioning sessions. This note cited Lim’s mental condition at the time, which included sleeping difficulties.

“It is (the doctor’s) expert view that, in view of Lim’s current mental state, he is not fit for a pressure interview … in an investigation,” said Singh during his cross-examination of Sim Wan Lin, an investigation officer attached to the Commercial Affairs Department’s (CAD) private institutional fraud division.

Sim is the prosecution’s 10th witness in the trial, which began on Apr 11.

Singh attempted to establish that, owing to Lim’s mental state, poor concentration and weak memory, he was unfit for questioning by the police during the sessions led by Sim between April 2020 and August 2020.

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He also questioned if Sim had followed proper procedure when taking down Lim’s statements: “Now what will the PGO (Police General Orders) and your best practices say about an interviewee whose memory and power of recollection are impaired?”

“We have to offer breaks that allow him to recalibrate himself … maybe by drinking some water and some biscuits,” she replied.

Singh further asked: “Do you agree with me that these breaks – (with) water and biscuits – cannot address the underlying memory and recollection issues?”

Sim answered: “I disagree. It will definitely make a person feel better … and (he) can continue on with (giving the) statement.”

Sim, who has been with CAD since 2012 and was assigned to Lim’s case in April 2020, said she had been mindful of Lim’s condition and had made an effort to minimise the time needed for the sessions.

Prior to the interviews, Lim’s lawyers had informed Sim via e-mail that given his poor concentration, the interviews should be kept brief and limited to between 30 and 40 minutes. These e-mails also referred to Lim’s poor memory, and some were accompanied by a medical note stating that Lim could not cope with too much pressure as a result of his mental state.

“Did you understand … that this man (was) not fit for an interview in the context of an investigation?” asked Singh.

Sim replied: “I disagree … (if he has) poor concentration … I can make the environment a little better by speaking slowly and allowing him to take breaks.”

She then said she had called Lim prior to the interview session.

“I told him I saw the medical note and certificate … the (medical certificate was) not valid for absence from court or other judicial proceedings. I told him it would be in his interest to come forward and assist in the police investigation. He said, although he was not feeling his best … he wanted to render his full cooperation to the police.”

Singh responded: “In other words, you were telling Lim that despite what the doctor had said, he had better turn up, correct?”

“I did not use the word better,” Sim said.

Singh then said: “We are all adults in this room. If the police tells us it is in ‘your interest’ to turn up, it’s another way of saying ‘you better turn up’.”

Sim replied that she disagreed.

Singh continued: “You didn’t care … Ms Sim, you just didn’t care because your job was to find the basis to implicate Lim, isn’t that right?”

“I disagree,” Sim said. “My job is to find the truth.”

Singh then said: “In fact, you decided the interview should go on … because you wanted to take advantage of his mental condition.”

Sim also disagreed with this.

It was disclosed over the course of the court hearing that Lim, 81, had studied up to Secondary 2. He founded the Hin Leong empire, which was once a key player in the region’s oil-trading sector. It fell ignominiously on crippling debt in 2020, following a pandemic-led oil crash.

Sim said that Lim had spoken in Mandarin during the questioning sessions, which were also attended by an interpreter. Sim herself is proficient in Mandarin.

The hearing before Judge Toh Han Li continues, and will take place over several dates till Jul 20.