DEFENCE ARGUMENTS
His lawyers argued that the practising certificate, dated Jun 10, 2021, authorised Lim to act as an advocate and solicitor between Apr 1, 2021 and Jun 9, 2021.
The practising certificate stated that Lim had been “authorised to practise as an advocate and solicitor in Singapore during the practice year terminating on Mar 31, 2022”.
This practice year, which was from Apr 1, 2021, to Mar 31, 2022, would have captured the period when Lim was accused of acting as a lawyer without authorisation, the defence argued.
The lawyers also produced a transcript of the testimony of a former assistant director at the Law Society Rejini Raman, who said that there was no specific phrasing in the practising certificate which indicated that it was effective from Jun 10, 2021.
The defence argued that Lim did not intend to commit the offences, or that he had exercised reasonable care.
Mr Lim made it clear to the Law Society that he did not have a practising certificate and asked if he could still go to court. He was told that he could but he had to inform the judge, said the defence.
Mr Lim said that he had informed the judges of this matter during court proceedings, but that the exchange was not captured in transcripts.
“If he truly intended to commit the offences, if he wanted to act as an unauthorised person and do so in a stealthy manner, he would not have told the (Law Society),” the defence told the court.
Judge Ong said it was not disputed that Lim was issued a practising certificate dated Jun 10, 2021.
The judge ruled that there was “no ambiguity in reading and interpreting” the relevant section of the Legal Profession Act, and that the practising certificate only came into force on Jun 10, 2021.
Mr Lim had failed to show how he could have reasonably been mistaken in his interpretations, the judge said. He found that the prosecution had established beyond reasonable doubt the charges against Lim.
The case was adjourned to Nov 5 for arguments on sentencing.
Mr Lim has four other charges – including criminal breach of trust as an attorney and unlawful stalking – that have been stood down for the time being. He indicated through his lawyer that he intends to contest these charges.
For acting as a lawyer without a valid practising certificate under the Legal Profession Act, he could be jailed for up to six months, fined up to S$25,000 (US$18,619), or both.
