Under The Angsana Tree: Workers' Party MPs appeal for support to fight town council lawsuits

Update 12 Oct 2019: AHTC case: What you need to know about the High Court judgment

Workers’ Party (WP) leaders have been found liable for the misuse of tens of millions in town council funds, the High Court ruled on Friday (Oct 11)

High Court judge Kannan Ramesh said that WP Members of Parliament Mr Low Thia Khiang and Ms Sylvia Lim were not only derelict in appointing a managing agent for Aljunied-Hougang Town Council (AHTC) without calling for a tender, they had also painted a narrative that was "misleading and not honest" in order to do so.

"Their conduct was improper and the attempt to cloak the same with a veneer of truth and credibility collectively leads to the conclusion that they had not acted honestly and therefore breached their duty of unflinching loyalty to AHTC as fiduciaries," he said. The judgment for the first stage of the landmark case, which Justice Ramesh likened to a “hydra” for its complexity, was given in a 329-page document.

This following is a summary of key points raised in the judgment:

Who’s involved and what were their roles?
What were defendants accused of?
What were they found in breach of?
Appointment of FMSS as managing agent
"Political considerations"
“Improper payments” to FMSS and FMSI
What were they not found liable for?
What might they need to pay?

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AHTC case: Residents not surprised by verdict but many hope WP MPs will not be disqualified

Work at the Aljunied-Hougang Town Council (AHTC) continues in earnest, Workers' Party (WP) chief Pritam Singh said, even as he and his fellow Aljunied GRC MPs, Ms Sylvia Lim and Mr Low Thia Khiang, study a judgment issued by the High Court on Friday (Oct 11).

"We are reviewing the judgment carefully and will take the advice of our lawyers before announcing our next step," Mr Singh said in a Facebook post on Friday evening.

In a 338-page judgment released on Friday afternoon, High Court judge Kannan Ramesh found the trio liable for damages suffered by AHTC.

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“We will stand with you!” – Widespread support for WP pours forth following AHTC judgment

Support for the Workers’ Party (WP) has been pouring forth even after the High Court found three WP Members of Parliament (MPs) liable for damages in the Aljunied-Hougang Town Council (AHTC) lawsuit

Between July 2011 to July 2015, AHTC had paid at least S$33.7 million to their town council managing agent FM Solutions & Services (FMSS), which was appointed without tender. Claiming that these were “improper” payments, an independent panel appointed by the town council initiated civil proceedings against Low Thia Khiang, Sylvia Lim and Pritam Singh.

In his judgment released yesterday (11 Oct), High Court Judge Kannan Ramesh said that Mr Low and Ms Lim had breached their fiduciary duties to AHTC and that Mr Pritam breached his duties of skill and care to the town council.

The case is set to move on to a second set of hearings to determine the quantum of damages suffered by AHTC and how much is recoverable from the parliamentarians. The MPs can also appeal the High Court’s decision.

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More than $1 million raised from public to help WP MPs fight lawsuit

Members of public donate enthusiastically & WP MPs have stopped accepting further donations

As at 10 am this morning (27 Oct), a total of $1,008,802 have been raised from members of public for the 3 WP MPs and they have stopped accepting further donations.

This is quite an achievement in view of the fact that the amount was raised very quickly within 3 days.

It is understood that at least 5,000 people from all walks of life, averaging more than $200 per donor, have contributed to help the 3 WP MPs in their efforts to defend themselves against the 2 town councils.

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WP MPs suspend public appeal for legal funds after raising more than S$1 million

The WP MPs launced an appeal on Wed (Oct 24) for help to fund their legal costs. They have suspended their appeal on Saturday after raising over S$1 million

After raising more than S$1 million in about 3 days, the 3 Workers' Party Members of Parliament (MPs) who are facing civil lawsuits have suspended their public appeal for legal funds.

Writing on their blog on Saturday (Oct 27), they said: "We are closing the appeal for now, as the amount raised substantially covers the legal fees required at this point in time."

Noting that the amount raised has "crossed a million dollars", they added: "We would like to ask you to hold your contributions if you have not transferred them."

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In Good Faith - Closing the Appeal

Contributions as of 28 OCT 2018, 10PM
Total Amount: $1,076,170
Total number: 6,155

Dear Friends

We are very touched by the incredible outpouring of support from the public for the appeal that we launched barely three days ago.

The amount raised has crossed a million dollars.

We are closing the appeal for now, as the amount raised substantially covers the legal fees required at this point in time.

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In Good Faith - Account

Updated at 10pm daily (contributions reflect amount at 9.30pm)

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In Good Faith - Appeal for Support

CONTRIBUTIONS AS OF 26 OCT 2018, 10PM
TOTAL AMOUNT: $907,918
TOTAL NUMBER: 5,241

We are facing two civil law suits in the High Court. One suit is being brought by Aljunied-Hougang Town Council (AHTC), directed by an Independent Panel (Philip Jeyaretnam S.C., N. Sreenivasan S.C. and Ong Pang Thye) appointed under the Town Councils Act. The other suit is brought by Pasir Ris-Punggol Town Council (PRPTC).

Both suits allege that we and two other town councillors failed in our duties managing AHTC, and are liable to pay monies to AHTC and PRPTC. The total sum claimed against us is potentially more than $30 million, even though we are not accused of receiving any of these monies personally.

The claims against us are unfounded. We have acted in good faith, and did what we believed to be in the best interests of our residents and the Town Council. We have mounted rigorous defences in the two suits, and engaged a legal team from M/s Tan Rajah & Cheah.

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WP MPs receive $900,000, up from $470,000, in public donations to fund AHTC lawsuits

Workers’ Party town councillors Pritam Singh, Low Thia Khiang & Sylvia Lim at the Supreme Court on Oct 9, 2018. FOTO: ST FILE

The Workers' Party (WP) town councillors involved in multimillion-dollar lawsuits over alleged improper payments have raised about $900,000 to fund their legal fees, after launching an online crowdsourcing appeal on Wednesday.

As of 10pm on Friday (Oct 26), WP chairman Sylvia Lim, secretary-general Pritam Singh and former chief Low Thia Khiang collected a total of $907,918 from 5,241 donors, they said in an update on their blog In Good Faith.

The trio had collected $477,653 from 2,832 donors at 10pm on Thursday.

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WP MPs raise $907,918 from over 5,000 donors within two days

The Workers’ Party parliamentarians who are embroiled in the ongoing Aljunied-Hougang Town Council (AHTC) trial revealed this evening that they have raised nearly one million dollars, thanks to the kind contributions of over 5000 donors, who have generously given to help the town councillors with mounting legal costs.

Low Thia Khiang, Sylvia Lim and Pritam Singh revealed in their blog, entitled In Good Faith, that they have raised SGD $907,918 from 5241 donors as of 10pm this evening – just over 2 days since the trio appealed to the public for help to fight the multi-million dollar lawsuits they are facing in court.

On Wednesday, the opposition party leaders revealed in their blog that they have “depleted our personal resources,” having already paid $600,000 from their own pockets to their legal team as the trial progresses.

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The Workers' Party 21 hrs

The Workers’ Party would like to clarify that the Party is NOT raising funds for the three Members of Parliament in the current civil suit against them. We understand the three MPs are undertaking a private fundraising effort. The Workers’ Party is not involved in that effort.

We urge members of the public to be extremely wary of donating money to any persons claiming to represent the Workers’ Party.

We also urge supporters not to use the Workers’ Party logo or make any claims to represent the Party in their personal efforts to promote the private fundraising.

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Workers' Party clarifies it's not raising funds for MPs in AHTC trial

The Workers' Party (WP) issued a statement on Friday (Oct 26) to clarify that it was not raising funds for 3 of its Members of Parliament involved in 2 civil suits.

MPs Pritam Singh, Sylvia Lim & Low Thia Khiang are embroiled in civil suits over their alleged mismanagement of the Aljunied-Hougang Town Council (AHTC), and on Wednesday made an appeal online for funds to pay for their legal fees and "to deal with the prospect of being made a bankrupt".

According to the trio's In Good Faith blog, there were 2,832 contributions totalling S$477,653 as of 10pm on Thursday.

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Yahoo Poll: Would you contribute to the Workers' Party MPs' legal fund?

Nearly 7,000 people voted with an overwhelming 74% said 'yes'

Three leaders of Singapore’s opposition Workers’ Party have appealed to supporters for financial help amid an ongoing lawsuit against them by two town councils alleging improper spending of public funds.

The Aljunied GRC MPs – party chief Pritam Singh, chairman Sylvia Lim and former chief Low Thia Khiang – said they have paid nearly $600,000 to their lawyers so far and face the risk of bankruptcy. They added, “The total sum claimed against us is potentially more than $30 million, even though we are not accused of receiving any of those monies personally.”

The trio said the claims against them are unfounded and will continue to fight them. In less than a day of their public appeal, they had raised more than $65,000. (Update: As at 10pm on Thursday 26 October, the appeal had raised S$907,918).

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Aljunied-Hougang resident allegedly donates $10,000 to Low Thia Khiang for trial costs

A donor has allegedly contributed $10,000 to Workers’ Party leader Low Thia Khiang, after Low, WP chairman Sylvia Lim and secretary-general Pritam Singh appealed to the public for financial assistance to fight the multi-million dollar lawsuits they are facing in court.

Sharing a picture of a UOB cheque, payable to Low Thia Khiang for $10,000 dated 25 Oct, to Facebook page All Singapore Stuff, one anonymous donor indicated that he is making the contribution to save his constituency.

The WP parliamentarians who are embroiled in the ongoing Aljunied-Hougang Town Council (AHTC) trial appealed to the public for help with mounting legal costs on Wednesday and revealed in their blog that they have “depleted our personal resources,” having already paid $600,000 from their own pockets to their legal team as the trial progresses.

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Workers’ Party Supporter Put Up Daughter’s Shirt for Auction to Raise Funds for Town Councillors

A Workers’ Party supporter will be auctioning his daughter’s shirt this Sunday (28 Oct) to raise funds in support of WP town councillors Pritam Singh, Low Thia Khiang and Sylvia Lim.

Calvin Sim says he is selling the shirt because the “workers’ party needs a lot of help now”.

Said Sim:

“Without them, my girl will not be as what she is now. Had brought her to rallies since 2011 till 2016. Since then, she start to understand there are a lot of people fighting for what is right… Her idol like Sylvia slowly build up.
During 2016 elections time, when she walked passed her kindergarten with some PAP candidates and volunteers inside, she shouted Workers Party without even any adult instructions.
I know my daughter not someone famous or powerful but I believe her future rely on us now”

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At This Rate, It Would Take 2 Months For WP Donation To Hit $33 Million

But WP Supporters Aren’t Deterred $477,653. That’s how much the 3 Workers’ Party MPs have raised in the day since they first appealed for donations.

It’s an impressive feat, but will it be enough? If the courts rule in favour of the Aljunied-Hougang Town Council and awards the requested damages, the 3 MPs and others being sued would have to fork out $33.7 million.

At the current rate, it would take 2 months to reach that sum.

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Lessons to be learnt from AHTC trial for the opposition

I disagree with Mr Augustine Low's commentary on how the Opposition have had its wind knocked out through the AHTC trial. It should instead serve as lessons from which the Opposition can learn from. I have distilled four lessons for Opposition candidates to mull over as the next General Election comes into view:

Lesson 1: Opposition wards should be under Direct Management
Lesson 2: Opposition candidates need to present a solid plan on TC takeover
Lesson 3: Put in place a strong control environment
Lesson 4: Disclose any potential conflict of interest with any parties, and to recluse oneself
Conclusion: Lessons to be learnt and taken to heart

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Why is the Town Council suing its own chairman, Mr Singh?

AHTC is bringing on the lawsuits. The people behind the lawsuit are actually the three members of an independent panel appointed at the direction of HDB. Its members are:

Senior counsel Philip Jeyaretnam, son of J B Jeyaretnam & brother of Kenneth Jeyaretnam
Senior counsel N. Sreenivasan
KPMG managing partner Ong Pang Thye

How much are they being sued for?

Ms Lim and Mr Singh are being sued for S$2.8 million for the wrongful appointment of architects.
AHTC also wants the 3 MPs to account for $33 million spent between 2011 & 2015. The panel wants the MPs to repay any money wrongfully paid out.

What led to all of this? In case you haven’t been able to keep up with the back-and-forth, here’s a handy timeline of the saga.

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Public should be mindful of comments to avoid sub judice, say experts

The Workers' Party Members of Parliament, who run Aljunied-Hougang Town Council, are facing trial to account for alleged wrongful payments made to the town council’s service providers & then-managing agent between 2011 and 2015

Amid keen public interest in the ongoing high profile trial involving 3 Workers’ Party (WP) Members of Parliament (MPs), which has triggered partisan debate online due to the political dimension of the case, lawyers & legal experts have cautioned the public to exercise restraint when commenting on the trial.

This is because there are, at times, grey areas as to whether a statement might be prejudicial in nature, they said. Premature assertions about individuals could also amount to defamation if they turn out to be false, one of them pointed out.

A number of supporters of the opposition party & the ruling People’s Action Party (PAP) have been posting online remarks on the case since the trial began on Oct 5.

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Audit cases reported by the Auditor-General's Office (AGO) from 2012 to 2017

The landmark Aljunied-Hougang Town Council (AHTC) trial centers around the alleged mismanagement of public monies by Workers' Party (WP) leaders. Since so much attention, effort and money that has gone into this matter since 2012, I couldn't help but wonder — what was the scale of WP's alleged mismanagement relative to AGO's audit findings for all government agencies?

As a Singaporean, I'd like to have an objective assessment of how much of our taxpayer's money was mismanaged, regardless of who mismanaged it. Since AGO audit issues are published yearly, I took a data-driven approach and measured the size and scale of Worker's Party's audit lapses vis-a-vis all other audit cases listed by AGO from 2012 to 2017. (You can read about my data-gathering and data-processing approach in detail)

This articles hopes to summarize 5 years' worth of AGO reports (and perhaps several weeks' worth of time of reading them) into a 5-minute article.

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PRPTC Stubbornly Silent Despite Growing Public Calls to Account for Davinder’s Legal Fees

Concerns are mounting over how much Mr Singh is being paid to represent PRPTC, after AHTC town councillors revealed that they the bulk of the S$1.1 million raised through crowdfunding efforts has been to their lawyers. Pasir Ris residents are also concerned about how Mr Singh even came to represent PRPTC. This letter (pictured above), reportedly penned by a Pasir Ris resident to PRPTC, was shared on Saturday (3 Nov) and has since gone viral on Facebook. Said People’s Power Party member Augustine Lee, who shared the letter online:

“My friend wrote to her town council PRPTC to ask if any funds are used for the lawsuit as they have engaged one of the most expensive lawyer. They did not reply to her emails after 2 weeks. After repeating calling, they said on the phone that they will not reply when the court case is ongoing.”

The writer of the letter asked for an explanation from PRPTC regarding:

Can the TC choose to spend big amount on whatever non estate expenses depending on their own wishes without informing the residents?
Can the TC withhold information on big expenses from their residents?
Did the TC gather 3 quotations before deciding on which lawyer to choose?
Did the TC breach any TC rules and regulations?”

So far, there has been no public response from PRPTC, even as online calls grow louder for an explanation of how public monies have been used. Many wonder how PRPTC accounting for Mr Singh’s legal fees would be prejudicial to the ongoing AHTC court case.

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PRP Town Council Won’t Say If They Paid Lawyer Davinder Singh

The Aljunied-Hougang Town Council (AHTC) trial wrapped up last Tuesday (30 Oct) after 17 long days of accusations and refutations. The trial has not been easy on the wallets of Workers’ Party (WP) MPs Low Thia Khiang, Sylvia Lim and Pritam Singh. The trio have been paying for legal fees with their own money. Last Saturday (3 Nov), the fees were estimated at a staggering $800,000. Fortunately for them, a great portion of the fees will probably be offset by generous public donations.

While much of the focus has been on the WP MPs’ expenses, little has been asked about the other side — particularly, how Senior Counsel Davinder Singh’s fees were being paid for. Mr Singh had represented Pasir Ris-Punggol Town Council (PRPTC), which together with AHTC, sued the WP MPs for mishandling town council funds.

Recently, a resident from Pasir Ris-Punggol raised the matter. A Facebook post put up by the resident’s friend reveals that she had written an email to PRPTC on 22 Oct, asking if the town council’s money had been used to cover the legal cost of the trial.

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