Davinder Singh accuses Sylvia Lim of concocting evidence. She disagreed.

What was revealed, what wasn't revealed and why it was or wasn't revealed were the questions of the morning of Day 12.

Sulaiman Daud | Matthias Ang | October 22, 2018, 05:21 PM

On Oct. 22, the 12th day of the Aljunied-Hougang Town Council (AHTC) trial, Senior Counsel Davinder Singh alleged that former AHTC chairwoman Sylvia Lim had shown multiple lapses in the disclosure of key information in 2011 to CPG Facilities Management and to her own town councillors.

Davinder suggested that the motive for the lapses was because Lim had been looking out for her own interests.

Lim agreed that there seemed to be lapses with regard to the disclosure of key information in 2011 to CPG and the town councillors.

However, Lim disagreed with Davinder's suggestion of motive, maintaining that she had nothing to hide and that she had acted in the interests of the residents.

Breaching Section 20 of the Town Council Act

Davinder stated that Lim had put the managing director of CPG, Jeffrey Chua, in a position where he was unable to discharge his duties as Town Council Secretary in 2011.

This was in response to Lim's assertion that it was "inappropriate" to involve CPG in discussions over the terms and conditions of the new managing agent contract with FM Solutions & Services (FMSS).

Lim said that CPG would not be interested in such details as they wanted to leave.

Then Davinder asked why was the appointment of a new managing agent mentioned in CPG's presence during a July 21, 2011, town council meeting.

Lim replied that it was only logical the town council discuss with CPG which projects CPG would continue to manage and which projects the new managing agent would take on.

Davinder then questioned why Chua, in his capacity as Secretary, had been kept out of the fact that there was a binding agreement with FMSS, that a tender for a new managing agent had not been called, and that the issue of the tender's waiver had not been put before the town council.

Lim replied that Chua knew about the new managing agent and that a tender had not been called. She assumed that Chua would have known there was a waiver.

When Davinder then asked if CPG had been informed about the waiver, Lim said she did not remember telling them.

This resulted in Davinder pointing out how Lim had breached Section 20 of the Town Council Act for her "own personal interests".

Lim responded that while she had to agree Chua did not know all of the required details under Section 20, she had acted, in conjunction with her fellow MPs, on what they had felt was in the best interests of the residents.

Lack of information disclosure on the shareholders of FMSS

Davinder also found Lim's reason for the lack of disclosure on the shareholders of FMSS at the second town council meeting on August 4, 2011, wanting.

Davinder brought up an August 3, 2011, email by Lim to former WP Secretary-General Low Thia Khiang and former WP MP Yaw Shin Leong; he asked why she had stated that it would be good to disclose information on the shareholders of FMSS, particularly the information given by ACRA.

Lim replied that it would show there was nothing "untoward". Moreover, she had also felt it would be good for transparency and the decision-making of the town councillors.

When Davinder pressed for an elaboration, Lim said that it was to make the records more complete since the town councillors knew about General Manager/Deputy Secretary How Weng Fan and Danny Loh being owners of FMSS.

Subsequently, Davinder then asked Lim if she had shared the ACRA findings at the town council meeting on August 4, 2011.

Lim said no.

When Davinder asked how come, Lim replied that it had slipped her mind.

This drew Davinder's rebuttal that not once since 2012 -- in Parliament, in her responses to a KPMG report, in her affidavits, had Lim ever mentioned this lack of disclosure was due to it slipping her mind.

Davinder then alleged that Lim had saw no reason to disclose the information as a report by The Straits Times published on August 2, 2011, had disclosed How Weng Fan as one of the shareholders of FMSS.

[related_story]

Davinder reiterated that this was completely different from acting in good faith and told Lim that her evidence of the disclosure having slipped her mind was "concocted."

Lim's response was:

"Disagree".

The trial continues

Top photo by Matthias Ang