KOK HAD “PERVASIVE INFLUENCE” OVER GOH
District Judge Marvin Bay said in his sentencing remarks that Kok’s circumstances were “somewhat more aggravated” due to his “pervasive influence” over Goh, as well as his direct hand in managing the sham marriage.
Maia previously pleaded guilty to entering into the marriage of convenience and was sentenced to six months’ jail. She then became a prosecution witness against both Singaporean men before being deported.
She had testified about how she repeatedly tried to find a job in Singapore without success. In late 2015, she resorted to plying the nightlife trade and met a Vietnamese woman at a pub, the court heard.
The woman told Maia she could apply for a student pass to remain in Singapore and told her to contact Kok for details. Kok arranged for Maia to enrol in an international college, but her student pass application was not approved.
Maia testified that Kok then proposed a marriage of convenience.
When Maia met the two men at a Vietnamese restaurant in Marina Square mall, she said she was taken aback by Goh’s unkempt appearance.
Judge Bay told the court: “It is significant that it was Kok who … persuaded (her) that Goh could improve his appearance, and had been instrumental in making arrangements for her to marry (Goh) to enable her to remain in Singapore.”
The judge also noted that the marriage was solemnised on Feb 2, 2016, but they did not consummate it.
Goh, who had been staying at the restaurant as he had no home, first lived with Maia at her rented premises. She later paid S$1,000 (US$751) per month to rent an adjacent room for him.
After they were married, Maia’s applications for extensions of her visit pass were all approved, with Goh as her sponsor. On each occasion, Maia paid him sums of S$50 to S$100.
Maia said she also supported Goh with his daily expenses.
PREVIOUS CRIMINAL HISTORY
The judge reiterated that Goh did not contest his case during the trial with any intensity, and did little to conceal his offences.
On the other hand, he said Kok was the “prime mover and instigator” who had “relentlessly coaxed” Goh into marrying Maia.
Goh was also beholden to Kok to the point of handing over his Singpass details and furnishing the one-time password, allowing Kok to plan the sham marriage without Goh’s direct cooperation or even his permission, added Judge Bay.
Kok also had a prior history of immigration offences. In October 2015, he was sentenced to six weeks’ imprisonment for abetting a Vietnamese national to make a false statement in her disembarkation form upon her arrival in Singapore.
She had given the address of a Singaporean man, who later testified that Kok was to pay him S$2,500 to enter a sham marriage with her.
Kok’s appeal for this case was dismissed in May 2016, a few months after Goh and Maia’s marriage was solemnised.
Judge Bay said: “It is remarkable that Kok had been involved in the events in the present case in the period after his conviction for the past case … and within the period his appeal was dismissed.”
“SINCERELY LONGED FOR BLISSFUL MARRIAGE”
In his mitigation plea, Kok said he did not benefit from the sham marriage and “sincerely longed for them to have a blissful marriage”. He has also not been able to get a long-term pass for his wife of 20 years due to his case.
He added that he had depleted his money to contest his charges, after his previous defence counsel Charles Yeo fled the country in the middle of the trial.
Kok hired a new lawyer, Mr Rajwin Singh Sandhu, but he was unrepresented during Tuesday’s hearing.
During the trial, Mr Sandhu claimed it was a case of “true love”, and that Goh and Maia were unable to consummate the marriage because of the groom’s erectile dysfunction.
Mr Sand also argued that Maia helped Goh overcome his fear of water by bathing him, and shaving his armpit and private parts.
Judge Bay further addressed new assertions that Kok put forth on Tuesday.
Kok told the court that he wanted Goh – whom he referred to as Alex – to leave his restaurant.
“During that time, my restaurant had a rat infestation and business was very bad. Later, I found out Alex didn’t shower, and he had a very big body odour and was driving customers and patrons away from my restaurant,” Kok said.
“At that time, I desperately needed to get rid of Alex from my restaurant and I was trying to help him become a better man … I am, in fact, exploited by Goh.”
Judge Bay said that these allegations, which minimised his level of involvement in the sham marriage, “run against the grain of evidence”.
For entering into a marriage of convenience under the Immigration Act, Goh could have been jailed for up to 10 years, fined up to S$10,000, or both.
The same penalty applied to Kok for instigating Goh to enter into a marriage of convenience.