Upon the release of WP MP Pritam Singh from the witness stand on the 15th day of the trial on Thursday, Oct. 25, the remainder of the afternoon saw WP Aljunied-Hougang Town Councillor (AHTC) Kenneth Foo Seck Guan step up to the stand for cross-examination by Senior Counsel Davinder Singh.

Dressed in white, Foo answered Davinder's questions on:

• The duties required of him in his position as a town councillor.
• Whether he had sought clarification on the appointment of FM Solutions & Services (FMSS) as the managing agent for the Aljunied-Hougang Town Council.
• Whether he had raised the question of a tender for the new managing agent

A duty to act in good faith

Foo's cross-examination began with Davinder asking him if he knew he had a duty to act in good faith, to act honestly and to ensure everything was done in accordance with the rules of the Town Council Act.

Foo replied "yes".

Davinder then asked Foo if he had encountered any breach of rules in his time.

To this, Foo answered "not that he remembered".

Davinder then asked Foo next if he would remember breaches on the account that they were serious issues, that everything was done in accordance with the rules of the Town Council Act, and that it was also Foo's duty to ask questions and his duty to put things right.

Foo replied in the affirmative to all of his questions.

Davinder referred Foo to the Town Council meeting on June 9, 2011, which saw the appointment of Jeffery Chua, the managing director of CPG Facilities Management at that time as Town Council Secretary.

Foo was asked if he was familiar with what the Town Council Secretary role entailed.

Foo replied that he understood the Secretary's role up to a certain extent as interaction with the Secretary was minimal, occurring only at Town Council meetings.

He also said his understanding of the role was that the Secretary ensured everything was done in accordance with the Town Council Act or Town Council Financial Rules (TCFR).

This brought up Davinder's next line of questioning on whether Foo or anyone else, upon learning at the June 9 meeting that CPG was going to withdraw from Aljunied, had asked about what would happen afterwards.

Foo answered that he could not recall.

Davinder responded by asking Foo when was the next time that the issue arose.

Foo replied that it was during the second Town Council meeting on Aug. 4, 2011.

Clarifying the role of FMSS

Accordingly, the cross-examination focused on Aug. 4, with Davinder pressing Foo if this subsequent meeting was the first time he had heard of the new managing agent, FMSS.

Foo said yes, adding that there was a presentation given by Danny Loh, one of the owners of FMSS, along with the handing out of a report on the new managing agent to the people present at the meeting.

When Davinder next asked if Foo understood that he was asked to approve the appointment of FMSS, Foo replied that authority had already been given to AHTC Chairman Sylvia Lim at that time to make the decision.

Foo, therefore, saw the Aug. 4 meeting as one of information and clarification.

This brought up Davinder's question that as far as Foo understood the matter, by that point, FMSS had already been engaged, had already started work and the chairman was giving an update to the Town Council.

Foo replied yes.

Davinder then asked Foo if he had sought clarification on the information.

Foo apologised and said he could not recall.

The question of raising a tender

Davinder then returned back to the initial June 9 meeting, asking Foo if he had raised the question of a tender at that point, given that CPG had stated its desire to be released by Aug. 1.

Foo replied no, stating that he believed it would be quite challenging to do a tender in two months.

When Davinder suggested to Foo he had thought the elected MPs had given the matter deep thought and therefore went along unquestioningly, Foo replied that he agreed with their decision as his thinking had been informed by his own experience of doing tenders in his company, which usually took two or three months, sometimes even four months.

This brought out Davinder's counter-argument that it was possible to ask CPG to stay and his subsequent question to Foo if he had given the suggestion.

Foo stated that the suggestion did not cross his mind, reiterating that it was because CPG had already voiced their desire to pull out, along with the short time frame of calling a tender in two months.

Davinder then returned to the Aug. 4 meeting, asking Foo if he did not ask for a tender to be called on the basis of being contented to follow the lead of the MPs.

Foo answered it was not because he was contented ,but that he thought the MPs had given thought to the matter. He was therefore prepared to agree.

The cross-examination of Kenneth Foo continues on Monday, Oct. 29.

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Top photo by Matthias Ang

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