Former Secretary-General of the Workers' Party (WP) Low Thia Khiang felt that it would not be “appropriate” to discuss details of the incoming managing agent in front of the outgoing one, CPG Facilities Management, at a town council meeting scheduled for July 21, 2011.

In particular, Low was uncomfortable with one of CPG's representatives, CPG chief executive Seng Joo How, because of his past experience in dealing with him.

This was the gist of Low's clarification at the start of the 10th day of the Aljunied-Hougang Town Council (AHTC) trial, in response to plaintiff lawyer Senior Counsel Davinder Singh's question posed on Oct. 17.

This clarification saw Low spar with Davinder for roughly 20 minutes on why Low had "inherent distrust" over CPG's presence at a town council meeting.

Low's statement was given on the morning of Oct. 18, where he was due for further cross-examination by Davinder and re-examination by his own defence lawyer Senior Counsel Chelva Rajah.

Court opens with a turn for the dramatic

Court proceedings opened with Davinder stating that he had concluded his cross-examination of Low, only for Low to put forward a request to the judge that he would like to make a clarification.

This drew a sharp response from Davinder, who immediately called it "impermissible", adding that as Low had the opportunity overnight to think, it would not be appropriate for the witness to volunteer more information.

Accordingly, Rajah stepped in, noting that in his own experience, Low's request was not unusual and that such requests were usually allowed.

Davinder disagreed pointedly, however, stating that unlike Rajah's experience, he found it "completely unprecedented", and added that in re-examination, it was for the counsel to decide the questions asked and if clarification would be sought.

What's more, should the witness be given the opportunity to speak after the cross-examination and before the re-examination, the process of re-examination would be undermined as the witness was effectively giving himself "carte blanche" to add anything he wanted to add.

In response, Rajah stressed that the witness should be allowed to proceed on the basis of clarified evidence instead of non-clarified evidence.

Davinder's reply was that it was not for a witness to "unilaterally" re-open the cross-examination given that many factors went into the decision made to end a cross-examination.

Justice Kannan Ramesh addresses Low

Subsequently, the judge addressed Low directly, querying Low on the exact nature of his clarification.

Low replied that it had to do with Davinder's question the day before (Oct. 17) over his "inherent distrust" of CPG .

Having thought about it through the night, Low added that he had concluded a failure to clarify the meaning of the phrase could result in the judge "(smelling) a rat", which would, in turn, cause a "miscarriage of justice."

Davinder promptly called Low's statement "outrageous", highlighting how he had asked Low the question the previous day a total of 26 times over a course of 20 minutes.

Low is cross-examined once more by Davinder

Upon Rajah's reply that Low's clarification was important and relevant evidence, the judge allowed that while Low could explain himself briefly, he would be subjected to cross-examination by Davinder.

Low said that his distrust of Seng arose from experiences with him in 1991 when Seng was a public servant with HDB.

Low said that HDB allegedly terminated managing agent services and the tenancy agreement of the Hougang Town Council office when he took over in 1991.

Low said that HDB, which has a town council secretariat, was his only means of redress in 1991.

This immediately resulted in Davinder cutting him off, questioning the point of Low's bringing up of "historical reasons", leading to the judge to request that Low "fast-forward."

Low acceded, stating that his past experience with Seng in 1991 had made him uncomfortable in dealing with him, especially with matters related to the town council.

But Low also added that this was a personal matter and that he did not feel it would be fair to Seng since he was not present in court.

To this, Davinder replied, "I suggest to you that you have made up this evidence."

Election of Seng as deputy-secretary of the town council

Taking the court back to the first meeting of the WP Aljunied-Hougang town council on June 9, 2011, Davinder posed the question to Low if he had, as of June 2011, considered Seng good, reliable and trustworthy.

Low replied, "Not me."

Davinder then asked Low if the decision at the meeting of June 9 to appoint Jeffrey Chua -- the managing director of CPG at that time -- and Seng as Secretary and Deputy Secretary of AHTC was unanimous.

Low replied, "Yes."

This elicited Davinder's next question that since the position of secretary required someone reliable and trustworthy and Low voted for him, Davinder suggested that Low supported the decision to elect Seng.

Low's response was that he did not object.

What followed next was a highly charged back-and-forth as Davinder repeatedly pressed Low to answer "Yes" or "No" to his question, while Low steadfastly refused to so, adding that he was giving Seng the benefit of the doubt.

Finally, Davinder brought up Low's use of a Chinese saying on Oct. 17, which roughly translates as how the status of a person as a relative or enemy was irrelevant to his capability or competency, noting that supporting Seng was in accord with Low's own value-system.

Davinder then asked, "Having regard to your own belief that you act responsibly and honestly, having regard to your own belief that you had to appoint the best man to the job, having regard to your own belief that the deputy secretary had to be good, reliable and trustworthy, you were a member of the town council, all of whom appointed Mr Seng Joo How as deputy secretary, correct?"

Low replied yes.

Davinder then said:

"So Mr Low, the evidence you dreamt up last night was false and you came to the court ready to lie and mislead your honour."

To which Low replied, "That's not true, Mr Singh."

The trial continues.

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Top photo by Matthias Ang