Sentencing delayed for ex-CEO of Prive Group who assaulted teen: Doctor said boy provoked assailant

The sentencing of the former chief executive of food and beverage firm The Prive Group who assaulted a teenager has been postponed after his doctor said that the boy had provoked his assailant. 

French national Vu Han Jean-Luc Kha, now 44, was initially expected to be sentenced on Tuesday (Dec 14), but the case was adjourned to February after the court heard that, according to a report by Kha's doctor, the then 13-year-old boy had provoked him.

This is contrary to the facts that Kha had earlier admitted to, which stated that the attack was unprovoked.

Defence lawyer Teh Ee-Von then amended her documents to state that Kha had instead "perceived" that the victim said "something irksome" to her client, but Kha was unable to recall what the purported remark was.

After this, District Judge Lim Tse Haw told Ms Teh to furnish the doctor with this clarification as well as court documents Kha had admitted to when he pleaded guilty in October.

This, so that the doctor could give further clarification on the matter.

Kha is now expected to be sentenced on Feb 9 next year.

Ms Teh had earlier pleaded for the judge to call for a report to assess her client's suitability for a mandatory treatment order (MTO), as he had been diagnosed with bipolar disorder.

Offenders given an MTO will undergo treatment for their mental conditions in lieu of jail time.

Arguing against the defence's request in an earlier court proceeding, Deputy Public Prosecutor Goh Yong Ngee said: "Rehabilitation is outweighed by other sentencing considerations, specifically that of general deterrence and retribution... In this case, retribution is clearly also an important consideration, given the psychological harm that the victim suffered."

The court heard the incident in November 2019 had mentally scarred the victim so badly that he was still scared of taking a lift about a year later.

The Singaporean teenager, who cannot be named due to a gag order, also experienced flashbacks of the attack and had difficulties sleeping.

In an earlier court proceeding, DPP Goh said the victim and his then 12-year-old brother were in a lift in Parklane Shopping Mall in Selegie Road on Nov 22, 2019, when it stopped on the fifth storey at around 8.15pm.

An intoxicated Kha and a Singaporean man, 41, joined the two boys inside the lift soon after. Kha then directed lewd comments at the victim, who felt alarmed.

The prosecutor had said: "For no apparent reason, the accused punched the victim on the left temple with the intent of causing hurt, causing the victim to fall backwards and slam his left upper arm into the elevator's handrails... The accused then hurled vulgarities... (at) the victim."

Fearing for his safety, the teenager grabbed Kha's hands to prevent him from hitting him again.

Kha exclaimed: "You want to challenge me? Why do you want to challenge me?"

The other man then held Kha back and pushed him out of the lift after it stopped on the first storey.

DPP Goh had earlier told Judge Lim: "However, the accused refused to leave and used his foot to stop the lift doors from closing. While the lift doors were open, the accused slapped the victim on the left cheek with the intention of causing hurt and pushed the victim."

A man who saw the attack detained Kha and the other man at the main entrance of the mall. The witness also alerted the police.

The victim was taken to KK Women's and Children's Hospital where he was found with injuries including a bruised temple.

Kha was the CEO of The Prive Group when he pleaded guilty on Oct 21 to one count each of assault and harassment.

Later that day, the firm made a statement saying that he was still its CEO and that he had helped it "stay afloat amid the ongoing (Covid-19) restrictions".

Its spokesman had also said: "(Kha) remains a valuable member of our management team and has our full and unwavering support."

Unhappy with these comments, several netizens flamed the company as they felt that it continued to back Kha despite his offences. Some even said that they would boycott its eateries.

On Oct 22, The Prive Group made another statement, saying that Kha would no longer be its CEO "with immediate effect".

The firm also said that it strongly condemns his actions and all acts of violence, adding: "(We) would like to reassure the public that his personal actions do not in any way reflect our core values.

"We are glad that he is currently seeking the necessary treatments for his mental health and believe that the Singapore justice system will deal out the necessary punishment."

For assault, an offender can be jailed for up to two years and fined up to $5,000.

For harassment, an offender can be jailed for up to six months and fined up to $5,000.