Cross Examination of Sylvia Lim


Day 13 – Cross-Examination of Sylvia Lim
(1)        SL admits that she lied to Singaporeans. The TC was paying more to FMSS. But she told Singaporeans that FMSS was not more expensive.
SL repeated these untruths various times, including in court documents.
            TC was paying more, but SL told Singaporeans FMSS was not more expensive
Q:         In the media release that was issued the day after the approval by the town council …
A:         M’mm-hmm.
Q:         You drafted this, right?
A:         Yes.
           
Q:         … Look at the paragraph which follows:
“AHTC does not incur additional MA fees from appointing FMSS, as FMSS has agreed to assume the scope of works and pricing of the former MA for [ATC], with only necessary adjustments made due to the electoral boundary changes … 
Do you see that?
            A:         Yes.
            Q:         Was that a true statement?
           
A:         Yes, yes. Okay, I’ll answer it. There was an additional one-off expense for additional staff during that – to prepare for the handover, and well, I agree that I could have added that in as an additional sentence. But at the point in time, I didn’t think it was material because that was just a one-time expense.
Q:         And therefore this statement, that AHTC does not incur additional MA fees from appointing FMSS was, to your knowledge, false?
            Ms Lim, please answer.
A:         It is correct it is inaccurate.
Q:         My question is: that statement is untrue. Do you agree?
A:         I can accept that it’s not accurate.
Q:         I didn’t ask you that question.
            Do you agree it was untrue?
            Ms Lim?
            Ms Lim, minutes have passed.
A:         Yes, it’s not true.
Q:         Thank you. And you knew it was not true?
A:         I would have known, yes.
Q:         … To knowingly state an untruth is to lie. Ms Lim, you are fencing, you are evading, but you have to answer.
            As I said, the Court has asked you to answer.
            Please, show some respect.
            Do you agree with my question? Do you agree with me that to knowingly state an untruth is to lie?
            It’s been 10 minutes now, I’m told by my colleague.
            A:         Yes.
Q:         Thank you. This statement was made by you to all the main newspapers in Singapore: English, Chinese. Correct?
            A:         Yes.
            Q:         It was also sent by you to the social media, correct?
            A:         There’s at least one.
            Q:         Yes. It was meant for publication and dissemination to Singaporeans, correct?
            A:         Correct.
            Q:         Which included the residents of AHTC, yes?
            A:         Yes.
            Repeated untruths, including in Court documents
Q:         And then at 102, you said …
“It was therefore AHTC’s publicly stated position, which was well-known to all concerned from at least 5 August 2011 that:
                                   
(f)         AHTC [did] not incur any additional MA fees from appointing FMSS”
So even on oath in this affidavit, affirmed and sworn by you when you took the stand, you continued to maintain the position at 101 and 102, correct?
            A:         Yes. I was stating what had happened.
           
            Q:        So, Ms Lim, you lied.
           
Q:         You’ve already said you knowingly stated an untruth. You said it was to the entire country, including your residents. It was about the amount of money that was to be spent. You’ve already confirmed that the elected MPs who knew about the untruth did nothing to correct the position. And you’ve repeated and reiterated that position in your affidavit, correct? 
Q:         Do you agree?
                        Ms Lim?
                        Ms Lim, please. It’s been a few minutes.
            A:         Yes.

(2)        SL concedes all the town councillors breached the Town Council Financial Rules by failing to enter into a written agreement with FMSS, on the 1st EMSU Contract.
            Q:         … Could you turn to rule 81 of the Town Council Financial Rules … go to (6) ...:
“For works, period quotations and contracts, there shall be a written agreement before the works or supply of services begin”
For these works, i.e. the EMSU first contract, there was no written agreement, correct?
A:         There was no written agreement, in the sense that the terms were in the agreement and it was signed by both parties, agreed. But we were advised of this later on, that we should have put in the written agreement.
Q:         But if you were familiar with these rules, even if they weren’t at the forefront of your mind on the 17th or 18th, you had ample opportunity to check the rules, correct?
            There was nothing to stop you from checking the rules?
A:         I could have, yes.
Q:         So you accept there was a breach of 81(6) in connection with the first EMSU contract?
A:         Yes. It was pointed out to us.
Q:         And it was a breach on the part of the entire town council, correct?
           
            All the members of the town council have to ensure compliance with the rules. Do you agree?
A:         It was a breach by the TC, yes.

(3)        SL also admitted that she failed to disclose the owners of FMSS, despite disclosing various other details about FMSS   
Q:         In the media release that was issued the day after the approval by the town council, this is what you said …:
“FMSS is a company incorporated in Singapore in May 2011. Its key management and staff are qualified and experienced in estate and township management, with proven track records. Its key directors have been in the field for an average of 20 years. FMSS has re-employed all 22 staff formerly working at Hougang Town Council and expanded to cater for the increased scope of works at AHTC. In that connection, it was made known to the incumbent MA that all employees who worked at the former [ATC] were welcome to apply for positions relating to AHTC.
FMSS currently has 73 staff. No Workers’ Party member has any interest in FMSS”.
A:         Yes.
Q:         Why did you talk about the directorship, or rather, the qualifications of the directors and management, the number of staff they had, but not about the owners?
A:         Well, the purpose of this media release is to tell the public what had been done vis-à-vis taking over management of the town council, and my purpose in these two paragraphs was to explain that, yes, it’s a new company, but it has got people with experience in HDB town management, and what it has done in terms of staffing. So that is what I did.
Q:         Right, but why not talk about who owned it? So much information about FMSS, but the ownership is omitted.
Q:         You are prepared to give a half-truth, and –
A:         In what way is this a half truth?
Q:         Because if, as you, yourself, said, the social media interest was whether Workers’ Party had any interest in FMSS, the full picture would have been to say “No member, but supporters, yes”, don’t you think?
A:         I think that is a quantum leap.

(4)        SL admitted some of the Town Councillors approved the agreement to appoint FMSS as managing agent, without knowing the terms of FMSS’ appointment:
            (a)        SL agreed that the Town Councillors needed to know the key terms of the contract.
(b)        SL agreed termination was a key term, but was not – and did not need to be – brought to the Town Councillors’ attention.
(c)        SL conceded the CPG contract was not produced at the 4 Aug meeting (where the FMSS MA agreement was approved by the Town Council), and that nobody had asked for it
·       Some of the Town Councillors did not even know how many parts there were to that contract.
(d)        SL also conceded that despite “uncertainty” on certain parts of the contract, she was prepared to have the Town Council approve the FMSS contract
(a)        Town Councillors need to know key terms of contract
Q:         … You would agree with me that it would be the responsible thing for a town councillor, indeed the entire town council, to know what exactly were the terms and conditions which govern the relationship between the town council and the FMSS?
A:         I would say the key terms, yes. If you’re saying every single clause, that, you  know, that may not be reasonable as such.
Q:         All right … so they would at least know the key terms which would govern, correct?
A:         Agreed.

(b)        Termination was a key clause, but was not and did not need to be brought to the Town Councillors’ attention
Q:         You’ve agreed with me that termination is a key term, correct?
A:         Yes.
Q:         You agree with me that you didn’t talk to them or tell them about the termination provision, correct?
A:         I didn’t.
Q:         You told us that you had to inform the town councillors of the key terms. … do you accept that you should have told them about the termination provision?
A:         I didn’t think it was necessary for that meeting.
Q:         This was the meeting at which a decision was going to be made, without a tender, to appoint FMSS. This was a key term, and we know you didn’t mention it. Do you agree that you should have mentioned it?
A:         I don’t agree.

(c)        Some of the Town Councillors approved the FMSS contract without knowing the CPG contract
Q:         Ms Lim, … How would the others at the meeting know that? How would the others at the meeting know that “specifications” in the report means, embraces and encompasses the entire contract as far as possible?
           
A:         I believed that they would have understood it that way.
Q:         How? They would have seen the word “specifications”.
A:         But, like you said, I mean, the original contract in its entirety was not produced at the meeting, or nobody asked for it, so they wouldn’t have known that there are seven parts and Part 5 is specifications. So I don’t think they would have been confused about that.

 (d)       Uncertainty on certain parts of the MA contract – but prepared to let Town Council approve
Q:         So it does not give certainty?
A:         It’s mentioned here as some specifications cannot be fully complied, and I agree that there’s not an exhaustive list here, yes.
Q:         So it’s uncertain, correct?
A:         There is some measure of – yes.
Q:         So it is uncertain, correct? Ms Lim – it is uncertain even on –
A:         There is some measure of uncertainty, yes.
Q:         Thank you. So you were prepared to have the town council approve a contract when you knew that there was uncertainty, to use your words, some measure of uncertainty?
A:         Yes, but Mr Singh, these are only specific areas you know. It’s not as if the contract key terms and so on are not fixed.




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