Wednesday, October 31, 2018

AHTC trial: Law firm Shook Lin & Bok to submit bill to town council
Read more at https://www.channelnewsasia.com/news/singapore/ahtc-trial-law-firm-shook-lin-bok-to-submit-bill-to-town-council-10883920

 

 (Updated: )

Lu Pin
Well, we all know that u waive tender is acceptable, others waive tender is unacceptable. Dumb hypocrites. That's the reason why WP is able to garner sufficient support all round.
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Ricky Lim
WP make false claim to justify the waiver of tender :-
(1) AIM withdraw
(2) CPG withdraw

that is why they have to do a waiver of tender ----
-- which have proven to be untrue in Court.

WP wanted to terminate both AIM and CPG - to be replace by FMSS software and FMSS service.

You mean making false claim to justify waiver of tender is acceptable to you?
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Ricky Lim
This is the Penal Code Section 199:-

False statement made in any declaration which is by law receivable as evidence

199. Whoever, in any declaration made or subscribed by him, which declaration any court of justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.
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Ricky Lim
MOF PROCUREMENT PROCESS

The procurement process requires approvals to be sought at key junctures. There must also be a segregation of key procurement roles and responsibilities to ensure there are checks and balances in the system.

AHTC breach this.
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Ricky Lim
Did other tenders you mention breach the above 2 ?

If WP is charged under the Penal Code - it will be a serious offence - that come with jail sentence.

If WP is charged under civil law - they may escape the jail sentence.

--- if you still think this is a "political driven events".
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Breeke Lo
Ricky Lim "which have PROVEN to be untrue in Court" (caps mine)

Did you like just came back from Mar 2019 on a time machine?

If you can't produce the Court Judgement (expected to be delivered in Mar 2019) now, you have breached this.

Administration of Justice (Protection) Act 2016

As soon as a writ is filed for civil proceedings or when a suspect has been charged with a criminal offence, individuals cannot comment on the case — relating to guilt or facts that have not been established by a court — or it would constitute sub judice, which falls under contempt of court.

- For cases before the High Court or Court of Appeal, offenders can be fined up to $100,000 and/or jailed up to three years.

- For cases involving other courts, offenders can be fined up to $20,000 and/or jailed up to 12 months.
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Ricky Lim
Breeke Lo - You have been commenting alot and extensively on this case (so have many people, including the press report) --- so have you also committed sub judice, which falls under contempt of court?

This is a comment column for discussion, if no one can comments on the case --- why are you doing so, why CNA did not censor all comments - but allow everyone to put comments here? Many who commented have even distorted the facts reported including you.

The false claim have been brought out by :-
(1) Evidence
(2) Cross examination
(3) FMSS How's testimony
--- which are not disputed by the defence --- I am merely refering to what is reported in the press report. I have not distorted the facts as reported by the press report.

Are you suggesing the press report has also committed sub judice?
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Ricky Lim
You even did a colorful distortion of facts on the press reports about this case:-

Breeke Lo
Looks like DS is no match for this lady. Plaintiff cross examination turned into counter defence :

Sylvia inexperience - mitigating factor
All Govt bodies coming at us - extenuating factor
Sylvia everything scared - v careful and meticulous
We disagree with each other - not in cahoots
Help PAP kill them off - political interference in AHTC
Caused my husband's death - has motive to attack Sylvia
No computer system for balancing - mitigating factor
Don't use our advice - WP has oversight and in control

Good job Ms How!
WP +1 today
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--- You are more likely to have committed sub judice by distorting facts --- whereas I was merely quoting the facts as reported by the press report. I did not add or minus facts as per the press report.

You distort facts, add your own opinion and interpretation - contrary to what is reported by the press --- which will be more liable to have committed sub judice.
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Ricky Lim
This are some comments by legal circle on sub judice in this era of proliferation of social media:-

When a crime has taken place and the media report on it, sub judice infringement is not possible.


CNA will have close this comment column if there is a breach, isn't it?
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Lu Pin
Ricky Lim You really have a lot of time to write loads of nonsense. I need only 1 point to write u off. The WP did not break any penal code, bcos if they did, it will be a criminal case instead of this lame civil case. U really are a disgraceful liar Ricky Lim. And looking at the time u have to waste away, u must either be a retiree or unemployed. Try looking for a job. Don't waste your time away like this.
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Lau Lan Chu
Lu Pin Do you know if anything that is dilvulge in court further action can be taken. So don't be too complacent if there is no other action taken so far.
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Lau Lan Chu
I am surprise engaging a lawyer also need to go through tender. Are they mocking the defendants?
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Breeke Lo
Ricky Lim Are you stupid or what? Comments on the developments of the case is not sub judice. Putting words into the mouth of the judge/court, like saying the defendant is FOUND GUILTY during the trial, IS sub judice STUPID!
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Breeke Lo
Ricky Lim "CNA will have close this comment column if there is a breach, isn't it?" You are solely responsible for what you said in the comments. CNA is responsible for what they said, in the article, which never have once, used words like "PROVEN" or "GUILTY", which you have when you said "which have proven to be untrue in Court". You are stupid enough to take the Plaintiff lawyer's words to be PROOF. You are doing Justice Ramesh an injustice by implying he will simply follow what Davinder claim. Or have you been stupidly mistaking Davinder to be the judge all this whille?
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Breeke Lo
Lau Lan Chu It's because "Shook Lin & Bok were also the legal advisers to audit firm KPMG", and one of the 3 panel members is KPMG managing partner. Because of the existing close working relationship, there ought to be good reasons why they were handpicked, and this article is the explanation why. AHTC and not the panel is paying for it afterall.
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Manenough Tan
Lu Pin:"Ricky Lim .... I need only 1 point to write u off. The WP did not break any penal code, bcos if they did, it will be a criminal case instead of this lame civil case. " Now Ricky Lim is speechless.
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Ricky Lim
As per sub judice infringement not possible :- "When a crime has taken place and the media report on it, sub judice infringement is not possible."

As per press report, "Proof have been established that false claim was made" :-
(1) CNA Oct 16, 2018 AHTC trial: Davinder Singh accuses Sylvia Lim of lying to town council members, court and Parliament.

Addressing Ms Lim, Mr Singh said: "You see the words 'due to'? Ms Lim. In your defence you gave the impression that it was because AIM had terminated that AHTC had to upscale its computer system.
"In Parliament, you gave that very same impression. To your own town council members, both in the report and what was discussed, you continued to give that impression as well.
“In all the instances I have shown you, you led the town councillors, the court, Parliament, and the public, to believe that it was because AIM had terminated that AHTC had no choice but to upscale. And therefore was put in a difficult position as far as its collections were concerned. Correct?”

Ms Lim agreed.

(2) Today Published 29 OCTOBER, 2018 - AHTC trial: FMSS director asked Low Thia Khiang to replace ‘hopeless’ town council chairman Sylvia Lim

Ms How also accused Ms Lim of withholding information from auditors KPMG about “improper payments”, and that it was Ms Lim who did not want to keep the computer system of IT firm Action Information Management (AIM).

-- "which have proven to be untrue in Court" --- Proof - through evidence, cross examination, admission by defendant and testimony by FMSS How ---- have proven false claim was made to obtain approval for waiver of tender by the Plantiff lawyer.

Breek Lo - I did not put words into the mouth of the judge/court, like saying the defendant is FOUND GUILTY during the trial. You are the one that put words into my mouth.

I merely quote the press report in my comments - and I am cover under :- "As per sub judice infringement not possible :- "When a crime has taken place and the media report on it, sub judice infringement is not possible.""

Breek Lo - you are the one that is distorting facts and put words into my mouth.
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Ricky Lim
As for the rest :-
This is a civil lawsuit that was brought to Court - because 2 independent auditors established that :-
(1) There are "improper payment" that lead to the lost of $33 million.
(2) There are breach in the procurement process
(3) There are conflict of interest

--- it did not establish that "false claim" was made before the civil lawsuit ---- but the Plantiff lawyers only managed to establish this during presentation of evidence, cross examination, defendant admission and co-defendant testimony in this civil lawsuit.

I personally hope that the $33 million can be recovered - and ends with this civil lawsuit - and will not proceed further.

Personally I feel that the WP MPs has made contribution to the Country - and I wish them well.

(Citing the Penal Code is just a reminder for those who keep distorting facts in the forum --- to be mindful of what you say especially if you keep distorting facts).
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ビンオマール宗作
Breeke Lo the guy will just twist and turn words to fit himself with no regards to actual facts and will blabber on. Must have been pretty uncomfortable for him to get proven wrong. Someone should just go por mata so we can all sleep soundly at night.
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Ricky Lim
ビンオマール宗作 - You mean the press report is wrong?
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Malaysia PM Mahathir to visit Singapore next month; water agreement among issues to be discussed: Minister
Read more at https://www.channelnewsasia.com/news/asia/malaysia-pm-mahathir-to-visit-singapore-next-month-water-10882778

 (Updated: )

Ricky Lim
We should say "no" to him in a nice way and drag it out ---- like what Japan, Indonesia and China did to him in "proton car" case where he ask them for help in building proton car in Malaysia with beautiful display of "tai chi". 推手,四两拨千斤。--- (Diplomacy)
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Ricky Lim
And if this is not possible, and he insist on playing hardball or insist he has the legal right in law -- then settle it in the International Court once and for all. (If Diplomacy don't work -- then let International Law work it out).
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用李
Correct!!
See if he prepare to close the tap!!
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Tuesday, October 30, 2018

AHTC trial wraps up after 17 days, with last defence witnesses on the stand
Read more at https://www.channelnewsasia.com/news/singapore/ahtc-trial-wraps-up-court-defence-workers-party-10879696


 (Updated: )
Goh Jon Hin
Sounds a bit like AJib provided the services, AJib raised the invoice, AJib facilitated and processed the invoice, AJib cleared the invoice and Finance made the payment and somehow, part of the money ended up in AJib's pocket.
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Ricky Lim
This is a deadly major non-compliance case - that any auditors worth the salt will have picked it up in any audit.
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Goh Jon Hin
Ricky Lim
Some how the urge of greed, that one sin preceded all common senses of rationale, sanity and clarity to the extent that they became blinded.
Non-compliance in audit was then the last thing in they world they were worried about. Didn't Ms How testified that?
爱钱心切,导至猪油蒙了心。
大多罪行,不都是一念之差,一失足而成千古恨。
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Ricky Lim
Goh Jon Hin - My observation is that :-
(1) WP is too eager to prove that they can run a GRC to grow their political influence.
(2) They overestimated their capabilities - and desperately try to handle the GRC - even to the extend of breaching rules and procedures - and in their desperation - even "misrepresent" to get it going.
(3) By doing so, the way they conduct their governance and management - has led to "someone able to put a gun on their head" ==== and fleece them "big time" --- leading to the lost of public fund.

Note :- If one party aspire to govern :-
(1) They must demonstrate "C
ompetency"
(2) Integrity
(3) Ability to see through confusion, complexity - and takeover the town council management with effective structure, organised and systematic manner --- not "kalang kabut" --- breaching all rules, cut corners and breach law.
(4) Really serving the public - selflessly.

Look at how Mr Lee KY - take over the governance of Singapore - in the crisis, chaos, lawlessness and hopelessnes --- when Singapore face British withdrawal, racial riot, force independence, communalism, communism, threat of water cuts etc....

Mr Lee KY
(大将之风)(临危不乱)(一夫当关,万夫莫敌 - 之势) takeover beautifully with poise, structure, organised and systematic manner --- not "kalang kabut" - to overcome all overwhelming odds and come up stronger (to the extent that it is admired by the World - how Singapore has become a modernised 1st World Country).

If WP is to take over under the same sceanrio --- Singapore will have mati and die very badly.

A highly competent party when facing a crisis - should demonstrate all the hallmarks of “站如松、坐如钟、行如风、卧如弓".

I have not seen this anywhere in WP --- except "kalang kabut" !
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Green ICT Technology Sharing
Ricky Lim : PAP also start with a few productive public servant. For 50 years - public are the one paying and keeping our own environment safe & clean. Most of the significant public project were outsource & out-tasks to capable private bodies. We are one piece of land and everyone who work hard - get opportunities. Political party can only start to put together operational & need resources when the know the baseline to support. If you had no experience managing such situation. Don't talk Big. Singapore need people who are willing to serve. And there is a starting point. When all competition is being "kill". We were not learn and we were not improve. After 50 years - we have a different baseline. The old ways & believe dun work anymore. Many Public Services Infr are so outdated. Is about the quality and principle of co-exist.
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Ricky Lim
Green ICT Technology Sharing - Don't understand what you are saying and how is your argument apply to AHTC case.

(1) WP terminate AIM - and refuse to use AIM software --- they make false claim that AIM want to withdraw and they can't use it - that is why they can't balance the account.

(2) WP pull out CPG - where there is still 2 years left of contract with them.

So how is your argument of "outsource & out-tasks to capable private bodies." - make any sense here? Both AIM and CPG are capable private bodies - but WP did not leverage on them - and led to FMSS fleecing them big time.

WP make all the wrong decision, then tell lies and blame it on PAP - instead of leveraging on AIM and CPG to continue to provide the service and beef up their resources --- so how does your logic make sense?

And if you ask me I talk big with no experience -- I think WP has no match if you are talking about a mere $100 million project.
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Ricky Lim
Green ICT Technology Sharing -

And you claim Public Services Infra are so outdated ---- can you be more precise what you mean?

I believe you are from the IT line - then let's start talking about IT - and which part of IT infra you think the public services are outdated?

And you claim you are a "Green ICT Technology Sharing" - can you elaborate what green ICT tech you can share?

So let see you talk big or I talk big.


In case you talk big - here is the news headline 2018 "Singapore has become the most tech-savvy country in the world for the third time in a row."

You seems to be the most misinformed IT guy in Singapore - if you claim that our public service infra is outdated.
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Green ICT Technology Sharing
Ricky Lim : When I am doing DP a ICT. You might not even be born yet. When I am doing multi million & billion dollar Projects. Both for Private & Public sector. You are reading news articles & you think you know all. You definately talk BIG and no knowledge of how the society actually work. Is for the Public to decide what and who has done "RIGHT" a "WRONG".
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Goh Hock Tee
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Ricky Lim
Goh Hock Tee - Ha ha ha now we know who talk big.
Green ICT Technology Sharing certainly talk very big --- but see no substance.
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Yeok Fong Yong
In Singapore, suing opposition has curious consequences. If they are found to be guilty, it is political persecution, if they are found not guilty, they are being harassed. Hmmm…maybe this is why people started to form new party now because Opposition in Singapore is considered “endangered species” or become “Untouchable”. heheheeeeee
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Lau Lan Chu
Even non compliance found by auditor and huge money cannot be accounted for can be okay, as long as in good faith. If the judge wants to set precedent and judge defendants not liable, more of this to come, judge also got to think twice to make this a case law and from then every case can use good faith to fight quoating this precedence.
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Petjay Catarbas
I believe AG had conducted many audits on Govt bodies with small and big audit findings. Some lapses were due to carelessness, negligence and lack of knowledge etc. Follow up actions were taken to correct these audit findings and verified to auditors' satisfaction. No one was told to pay for the audit findings. Therefore this case can take reference from past AG audit findings and how the audit findings were handled.
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Ricky Lim
All these audit findings did not have the elements of :-
(1) making misrepresentation to Authority to approve the waiver of tender (WP is suspected to have done this - as per reveal in the Court)
(2) to make a vendor as part of the evaluation team - and become recommender of their own solution and benefited themselves financially with a huge sum --- $33 million (FMSS has benefitted financially from these).

As for other audit findings --- the above elements are absent - and they do not benefit themselves financially or make false representations in the conduct of their tender.

Also who say th
ere are no penalties for poor audit findings?
The poor audit findings result in poor appraisal
, wage freeze or bonus cut to those involved and could have impacted their career progression.

If one is "geelat" in civil service, they are expected to carry out their responsibilites and roles well ---- negligence, lack of knowledge, carelessness etc are not excuses.
Good system and internal controls need to be put in place and responsible officers need to have good "innate good common sense" --- to ensure lapse will not occur or greatly minimise.

This is expected of world class civil service - who is custodian of the public funds.

If don't believe ask Mr LeeKY - who is always held as the benchmark for "Top Notch Excellence in Governance".
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Lau Lan Chu
This is a different case. WP think they are no wrong how to follow up with corrective action. They even tried ways to cover up. A lot of people think this is political driven to fix the opposition and WP is perfectly alright. The whole court case is a big wayang and negligence and ignorance are excusable under the law, and huge amount of public fund is unaccounted for, just write off and move on will do and they continue to do their MP collecting monthly 15K allowance. They can even donate as good deed to help them. There is no case at all. No remorse at all and continue to blame others for their outcome . As Chinese says "People is doing and sky is watching " let's Patiently wait for the outcome.
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Ricky Lim
Lau Lan Chu - There are always consequences to good or bad outcome. Else public funds will continue to be lost.

I don't view this as political driven to fix the opposition --- as there is genuine lost of public funds through "misrepresentation, misgovernance and there is gaining of financial benefits to one appointed as part of Town Council team" - unlike other audit cases.


This is the tactics to "sow distraction - by trying to hide it under the cloak of politics" - when it is a clear mismanagement and misgovernance that result in lost of public fund - a clear cut court case.

This is the same as GM of AMK town council - where the GM benefitted financially with suspected corruption. The Government don't hold back the prosecution simply this GM is from AMK town council - when there is genuine wrongdoing.

The $33 million public funds need to be recovered.
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