Tags

, , , , , , ,

Mrs Light n Friends recently did a good job comparing what Sun Ho said against the testimony of her husband Kong Hee.

Mrs Light n Friends writes,

19 May 2015 – Sun’s EIC (Part 3) 

“Go back to launch the album” and

“Who owns the songs?”

Before we see Sun’s EIC of 19 May 2015, I think we should read Eng Han’s EIC of 26 Jan 2015.

Eng Han’s EIC of Jan 26 2015.

Eng Han said to Kong and Sun (Timeline: Between June 2010 to November 2010)
“We can win easily. The album is supposed to be almost ready. Send Sun back, launch her album, show that the earnings are going to come in, it’s going to bring in profits and, therefore, it’s a real investment. Nothing better than have the sales talk for us.

Kong Hee replied to me and said, “No, the church needs Sun, Sun has to stay back.”

Sun gave me a different reply, Sun said, “No, I need to be with my husband.”

At another occasion when I asked Kong to launch the album, his reply to me was a different reply. He said, “because the songs were too outdated to launch.”

Then I said, “Then can’t we just spend a little bit of money and repackage the songs?” That’s when he told me, “We can’t because the songs don’t belong to us.

That’s why in cross-examination I asked Kong, “Who owns the songs?”
Your Honour, I’m bringing this up because this is a CBT case. Criminal Breach of Trust, misuse of funds. And with respect to the prosecution, I think the prosecution needs to go into the usage of the funds, not the structuring of the bonds. The one that spends the money, the one that has discretion, and the one that spends the money needs to answer “where are the songs, who owns the songs?” because if he doesn’t know, that is an outright misuse of the money; $24million spent and he doesn’t know who owns the songs.

Another point in time [Timeline: After June 2011] we were charged, I told Kong Hee, “Call Justin Hertz, the professional that gave you all the projections. Get him to court to tell the court that it was real business sense to launch Sun’s album, Sun was going to be a hit.”
His reply to me was, “No, we can’t.” I asked him why. No answer.

If Kong Hee really meant what he said in EIC, that every dollar invested must go back to the church, and that there was expectations for big sums of revenue to come in, then, surely, the most logical and responsible thing for him to do is to finish up the album and to launch it, put aside every other matters.

Recount of Sun’s EIC of May 19, 2015

Chew: Do you remember me telling you and Kong Hee to go back and launch the album?

Sun: Yes, your Honour. I remember Eng Han having that conversation with me.

Chew: Did we have hopes to make money?

Sun: Yes, your Honour. All this while, we always believed in the commercial success of the album. And the reason why we wanted to do the US album, your Honour, is so that when we have commercial success of the US album, it will be tremendous for the Crossover Project. It will bring the influence of the Crossover Project to a global level and it will open more doors for us, including China, to be able to preach Jesus Christ to the unsaved and also to encourage the Christian artiste and also to engage communities to do our humanitarian work, especially communities and countries that might not be so friendly to Christianity.

<…. about the album sales and the meeting with S-Curve, Steve Greenberg…>

Chew: So in your talks with Jean Wyclef and with Johnny Wright, when they talk to you about your potential, doesn’t the issue of your past track record ever arise?

Sun: Actually, no, your Honour, because the reason why Justin brought Wyclef on board was really because Wyclef was successfully managed to help Shakira at that time, which is a non-US artiste, to her height with “Hips Don’t Lie”. So we were always talking about the commercial success of the US album in the US market.

Chew: So why didn’t you want to launch the album then in 2010?

Sun: Your Honour, I have always wanted to launch the album and I have worked very hard for it. And by June 2010, before I came back, we were at the tail end of everything, just waiting for S-Curve to finalise the contract. I was ready to go for the promotion tour.

Chew: So you are saying after the CAD started investigating, you were ready to go back and launch?

Sun: No, your Honour, that’s not what I’m saying. Actually, after the CAD started its investigation, I remember Eng Han having that conversation with me, urging me to go back.

Your Honour, perhaps, if I push myself, I could do that. But, your Honour, I’m also a wife, and my husband, he’s been alleged of wrongdoing, and my son was having a lot of emotional meltdowns because of innocent classmates asking him is his father in jail already. I just don’t know as a wife, as a mother, is it the right thing for me to leave my husband and not stand by him to go through this period of time and also to bring his son away from him, your Honour? And if something really happened to Kong, honestly, your Honour, I don’t know can I manage to take care of my son alone with the burden of the Crossover Project on my shoulder? I don’t know whether can I go on performing as if nothing has happened, your Honour.   And I was also concerned about the church, because we are not the only one that has to answer questions. Every single member of the church has their family members and friends that ask them. And as a co-founder, I want to be around to calm the church. I want to do my part to answer as many questions as I can. So, your Honour, I don’t know can I realistically do that. But in my mind, it was never a closed deal. I always thought to myself that when everything is settled and if God is still willing, it will be my privilege to be able to complete the Crossover, since we all, not just me, have put so much effort into it.

Chew: Sun, I can understand the family aspect of it, because I have a family as well. By this time, in 31 May 2010, you were aware of the deficit arising from the album expenses, 25 to 30 million. Correct?

Sun: That’s correct, your Honour.

Chew: You were aware that many of us laid down our lives for you and Kong Hee’s vision.

Sun: Your Honour, I would prefer to say that this is a vision from God to our church. This is all our vision.

Chew: I can understand you were worried about Kong Hee, what’s going to happen to him. But didn’t it ever cross your mind, Sun, that if you go back and launch the album, if it’s a big hit and the sales comes in, your husband is going to be exonerated? Why didn’t you go into it? Isn’t that what I told you, go and prove this investment?

Sun: Your Honour, I can’t remember the details of what Eng Han told me. I just feel that as a wife, I should be by my husband’s side to walk through this journey with him. Moreover, your Honour, I was also on bail, and only released from bail in 2013. I wasn’t certain of what will happen. But like I said, your Honour, in my mind, it’s never a closed deal. I have worked really hard for this album. We’ve been away, not just me, the team, and even the team in Singapore, everyone has put in so much effort to this US album. It would be my greatest desire to be able to finish it. I was just waiting for everything to settle down, yeah.

In relation to the question “Who owns the songs?”

Let’s see how Eng Han cross-examined Kong on August 18, 2014.

Chew: Pastor Kong, do you remember preaching sermons to the church from the Book of Daniel about how it was important for us not to look at the outside but to look at the inside, because, in the book of Daniel, there were people of God that were dressed up as magicians, astrologers, or whatever, and you emphasized that we do not look at the outer appearance but the inner appearance. Do you remember?

Kong: Yes, your Honour.

Chew: So when you changed your conviction about this, did you address the congregation on this?

Kong: The whole focus of the sermon that I preached in church on the Book of Daniel was on the importance of engaging the contemporary culture. I was trying to achieve a few things your Honour. I’m trying to achieve first of all, that we should learn to be accepting, that means, to show understanding, to show love and respect to people who may be difference from us.

Another thing that I wanted to show was there is a need to balance between what is liberally out there in the world and what is conservative within the church. I said the place where you can find a balance, that’s a place you find successful ministry. So it’s not rejecting of one extreme to embrace another extreme, but trying to find moderation and balance, your Honour.

So I think whilst Sun could grow stylistically with reggae music, and she’s not saying, or I am not saying that she felt the reggae music is wrong, it was just stylistically, its not a natural fit for her as a Asian singer. So she’s not making a value judgment that reggae music was wrong. She’s not as comfortable, she could sing other better songs in another kind of genre, and that was being achieved when she switched over to Johnny Wright’s management.

<…….questions and answers …>

Chew: Pastor Kong, do you remember on 1 May 2007, we had a family day concert in church?

Kong: Yes, your Honour.

Chew: And Sun and her dancers were performing to “China Wine”, right?

Kong: Yes, your Honour.

Chew: During that performance, you asked the church, “Hey, guys, are you all comfortable with this?”

Kong: I cannot remember, your Honour, but I may have.

Chew: Pastor Kong, I’ll just submit to you that you will flip and turn on your convictions, depending on the circumstances, and you were totally comfortable about “China Wine”, so much so that you even allowed Sun Ho to dance before the congregation, but today you are telling a story that is otherwise not true.

Kong: Your Honour, if we were totally comfortable with “China Wine” all the way through, we would have kept that song as one of the songs in the debut album that was supposed to be launched in 2010. 

Chew: Talking about songs, do you remember that I asked you and Sun, “Why not send Sun back to launch the album and let’s prove to the authorities that this is a real investment, because money talks, right, the revenue is going to come in?” Do you remember that?

Kong: Vaguely, your Honour.

Chew: Your answer to me was, you said the songs were too old, they need to be repackaged, and I said, “Then just let’s get the songs and repackage it, spend a bit of money”, and your reply to me was, “We don’t own the songs.” Do you remember this?

Kong: Yes, your Honour.

Chew: But today in evidence you have just told me you are not sure whether we own the songs, maybe Xtron owns the songs. So which is which?

Kong: Your Honour, there are a lot of songs, depending on which songs he’s talking about. There are the songs from the early days, there are the songs from Wyclef Jean, there are the songs from Johnny Wright.

Chew: What about the songs from Johnny Wright that were about to be launched, did we own the songs?

Kong: I think the song with Johnny Wright, I think it was a partnership, a joint ownership of the songs and there was an expiration date as to when the songs must be released.

Let’s go back to Sun’s EIC of May 19, 2015

Chew: Sun, where are the songs today? Who owns them?

Sun: Your Honour, I believe that we own most of the songs. The reason why I say that was because I worked with the A-list producers, and I remember that there are different arrangement with the producers. Some of these A-list producers, they really have faith in their productions. They believe that their songs can sell millions. So sometimes when they give us the material, they also put a caveat that if after recording the songs and we don’t release the song, after a certain number of years, they can have the song back. But I believe that most of the songs would owned by Xtron or UA.

Chew: Does anyone in the team know for sure whether Xtron owns it?

Sun: To the best of my knowledge, your Honour, when it comes to copyright and publishing entity, it would be Justin that would be in charge.

<…….questions and answers …>

Chew: Sun, do you remember that during the CAD investigations, and after we got charged as well, I suggested that we call Justin Herz down as a witness. Do you remember that?

Sun: Mm, I can’t really remember now, but it can be possible, yeah.

Chew; Most of the projections that were sent by Kong Hee to the team here in Singapore, would you say they came from Justin?

Sun: To the best of my knowledge, I would think so, your Honour.

Chew: Actually, I asked Kong Hee to bring down Justin Herz as our witness, and he declined. Do you know any reason why we can’t get Justing Herz to come down?

Sun: Your Honour, I’m not sure was I privy to this conversation. So….

Chew: Putting aside the conversation.

Sun: Okay.

Chew: As far as your interaction with Justin is concerned, would he be willing to come down?

Sun: I think this is a hypothetical question. I’m not sure. I know that Justin has always been supportive of this whole album. But concerning this matter, I don’t know.

Chew: Didn’t you and Kong Hee ever think that it would be good to bring him down, since he’s the source of the projections?

Sun: Your Honour, to the best of my recollection, I don’t remember discussing this matter with Kong.

To complete the picture I need to write Sun’s cross-examination evidence.

Sun cross-examined by Kong’s lawyer

SC Tong: Sun, after the CAD raid, you were interviewed for a few times. Right?

Sun: That’s correct, your Honour. To the best of my recollection, I think it’s four times.

SC Tong: In which month did it end?

Sun: I cannot remember now, your Honour. I just know that it’s sometime in 2010.

SC Tong: All right. Do you remember me telling you and Kong Hee to go back and launch the album?

Sun: Yes, your Honour. I remember Eng Han having that conversation with me.

SC Tong: Did we have hopes to make money?

Sun: Yes, your Honour. All this while, we always believed in the commercial success of the album. And the reason why we wanted to do the US album, your Honour, is so that when we have commercial success of the US album, it will be tremendous for the Crossover Project. It will bring the influence of the Crossover Project to a global level and it will open more doors for us, including China, to be able to preach Jesus Christ to the unsaved and also to encourage the Christian artiste and also to engage communities to do our humanitarian work, especially communities and countries that might not be so friendly to Christianity.

<…questions and answers…>

SC Tong produced a new email evidence in court.

DPP Tan stood up.

DPP: Sorry, Mr Tong. Your Honour, the witness has already testified that she’s not involved in budgeting for her music career, and Mr Tong has rightfully pointed out that this witness is not in this email. So I was wondering what’s the relevance of this email? Should it be admitted?

<…questions and answers…>

SC Tong explained that the email was just for him to show what was being discussed, even at that point in time, August 2010. It was for Tong to ask Sun whether she was aware of that.

SC Tong: Again, the context is 31 May, CAD investigations started. You recall that you had given a variety of statements in June and July, this is now August. I’m trying to deal with the point raised by Mr Chew as to whether you wanted to, you could have, should have gone back to the US. Your answer this morning was you kept the options open as much as you could, but you had your own personal and family constraints. Do you recall that?

Sun: I recall that, your Honour.

SC Tong: Would it be fair to say, looking at this email or otherwise, that as at August 2010, even in the midst of the investigations, there was still attempts made by Pastor Kong in particular to review, revise and look at the budget for the project?

Sun: That’s correct, your Honour.

SC Tong: It would be fair to say that the team had not abandoned the project. Correct?

Sun: That’s correct, your Honour.

DPP objected.

DPP: Your Honour, I think my learned friend has gone beyond what he originally set out when he tendered these documents in evidence. I don’t think this witness is in a position to testify when she is really not a party in this email at all.

SC Tong: Sun, forget this email. Ignore it. Think back to August 2010. At that point in time, would it be fair to say that the team, yourself as well as those who had been in Singapore, had not abandoned the project? Correct?

Sun: That’s correct, your Honour.

SC Tong: Efforts were still being taken to negotiate the budget, to bring down the budget to something that was more in the interests of lowering the figures and making sure that it was realistic. Agree?

Sun: Yes, your Honour, we had worked very hard for the album and we still wanted to launch the album at that time.

[Mrs Light: I was at the family concert too. I remembered the whole church was clapping and enjoying the “China Wine”. We were once embracing this vision didn’t you? Were you in CHC when Pastor Kong preached “Book of Daniel”? If you join CHC before 2008 and you have left the church, please don’t just tell your friends half-truth, you don’t know ‘China Wine”? You don’t know Crossover? Didn’t your CG friends talked about the concert?

I was once blinded and God has restored my vision. He has delivered me from the snare of the fowler. I am very happy and have moved on, have you?]

Source: 19 May 2015 – Sun’s EIC (Part 3), Mrs Light n Friends, http://mrslightnfriends.com/19-may-2015-suns-eic-part-3, Published 

Advertisements