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Defense Argument
His lawyers argued that the practising certificate, issued on June 10, 2021, authorised Lim to act as an advocate and solicitor between April 1, 2021 and June 9, 2021.
The practising certificate states that Lim is “authorised to practise as an advocate and solicitor in Singapore until 31 March 2022”.
The defense argued that the practice year was from April 1, 2021 to March 31, 2022, covering the period during which Lin was accused of acting as an unauthorized attorney.
The lawyers also produced a transcript of the testimony of former assistant director of the Bar Council, Regini Raman, who said there was no specific wording in the practice certificate indicating that it was effective from June 10, 2021.
The defense argued that Lin did not intend to commit a crime or that he had exercised reasonable care.
Mr Lin made it clear to the Bar that he did not have a practising certificate and asked if he could still go to court. The defence said he was told he could but he had to inform the judge.
Mr Lim said he informed the judge of this during the court hearing, but the conversation was not recorded.
The defence told the court: “If he really intended to commit a crime, if he wanted to act secretly as an unauthorised person, he would not have told (the Bar Association).”
Justice Wang said it was not disputed that Mr Lam was issued a practising certificate dated June 10, 2021.
The judge ruled that the relevant provisions of the Lawyers’ Profession Law “are not ambiguous in their reading and interpretation” and the practice certificate will only take effect on June 10, 2021.
The judge said Mr Lim had failed to show how his explanation could be reasonably wrong. He found that the prosecution’s case against Lin was beyond reasonable doubt.
The case was adjourned to November 5 for sentencing arguments.
Mr. Lin also had four other charges, including criminal breach of trust by a lawyer and unlawful stalking, which were provisionally dropped. He said through his lawyer that he intends to contest those charges.
Under the Legal Profession Act, he faces up to six months in prison, a fine of up to 25,000 Singapore dollars (18,619 U.S. dollars), or both, if he practices as a lawyer without a valid practising certificate.
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