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Court of Appeal holds Workers’ Party leaders Sylvia Lim and Low Thia Khiang liable for negligence; Pritam Singh cleared

Singapore’s Court of Appeal found Workers’ Party leaders Sylvia Lim and Low Thia Khiang liable for negligence over funds of Aljunied-Hougang Town Council (AHTC), while clearing Pritam Singh.

The Apex court also resolved that FMSS is not liable to either AHTC or Seng Kang Town Council in any respect, contradicting the lower court’s judgment.

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SINGAPORE — In the most recent update on the long-running civil lawsuit over the alleged misuse of S$33.7 million (US$25 million) in town council funds, the Court of Appeal has found Workers’ Party leader Sylvia Lim and former party secretary-general Low Thia Khiang liable for negligence in the Aljunied-Hougang Town Council (AHTC) payments process.

The appeals were heard by a five-judge panel comprising Chief Justice Sundaresh Menon, Justice Judith Prakash, Justice Tay Yong Kwang, Justice Woo Bih Li and Justice Andrew Phang.

On the other hand, current Workers’ Party chief Pritam Singh has been cleared of all charges related to the same process.

In a pivotal shift from the lower court’s decision, an earlier judgement concluded that neither the Town Councillors nor the Employees owed fiduciary duties to AHTC or Sengkang Town Council after the Court of Appeal ruled that the former town councillors and its employees of AHTC, had acted in good faith when they awarded the contracts to their managing agent without an open tender.

Instead, the Court of Appeal found the town councillors and employees liable under negligence, highlighting a significant divergence from the initial findings.

Breaking down the roles and responsibilities of the defendants, the Court extensively scrutinized their involvement in the case.

It was determined that Mr Pritam Singh, Mr Chua Zhi Hon, and Mr Kenneth Foo Seck Guan were not liable to AHTC for the control failures in the System.

“The amendments in respect of Mr Singh, Mr Chua, and Mr Foo were disallowed by the Judge because AHTC’s Statement of Claim did not allude to their roles in relation to the control failures in the System,” the judgement explained.

The Court agreed with the trial judge’s decision, which led to the conclusion that AHTC did not provide sufficient evidence that these individuals had approved or authorized the System.

Former AHTC Chairman, Ms Sylvia Lim, was found liable to STC in negligence for causing AHTC to award a contract to Red-Power Electrical Engineering Pte Ltd, having failed to discharge her burden of proof that she had acted in good faith when she chose not to renew the contracts with two other companies which offered the same services at significantly cheaper rates.

On the same note, Mr Low and Ms Lim were found liable to AHTC for negligence in allowing control failures in the System to occur. The judgement also found Ms How Weng Fan, the managing agent director, and her late husband, Danny Low, liable for the same negligence.

The Court of Appeal, in making these determinations, underscored its agreement with the Judge in rejecting attempts by AHTC to amend its pleadings after trial and before the Appeals were heard on the grounds that AHTC’s Statement of Claim did not adequately detail these individuals’ roles in relation to the control failures in the System.

The judgement brought a complete reversal for FM Solutions and Services (FMSS), the company initially found by the lower court to be liable for dishonest assistance and knowing receipt in regard to the First Managing Agent (MA) Contract and the first Essential Maintenance Service Unit (EMSU) Contract.

However, the Court of Appeal concluded, “In so far as the Judge found FMSS liable for dishonest assistance and knowing receipt with regard to the First MA Contract and the First EMSU Contract…those claims against FMSS must necessarily fail.”

Significantly, the court resolved that FMSS is not liable to either AHTC or STC in any respect, contradicting the lower court’s judgment.

The Court explained, “We have reversed the Judge’s conclusions on these points in their entirety, and FMSS is hence not liable to either AHTC or STC in any respect.”

When it came to addressing the question of apportionment, the judgement was clear. It stated, “There is no need to ‘apportion’ liability owed to the plaintiffs, and this court only needs to find, at this stage, which defendant(s) are liable to which plaintiff(s) for which claim(s). Any issue of apportionment of damages should be dealt with at the assessment of damages stage.”

Turning to the issue of costs, the court determined that the costs of the trial should be decided by the trial judge after damages have been assessed, considering the trial judge is better placed to assess the costs in light of the decision in the Appeals and the actual damages that may be assessed in due course.

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Two men acquitted in corruption case involving former LTA director due to unreliable CPIB statements

Two men accused of corruption in relation to a former LTA director were acquitted on 11 October 2024. The trial judge found that statements taken by CPIB officers were unreliable and inaccurate, affecting the credibility of the case.

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Two men accused in a corruption case involving a former deputy group director of the Land Transport Authority (LTA), Henry Foo Yung Thye, were acquitted on 11 October 2024.

The trial judge ruled that the statements taken by the Corrupt Practices Investigation Bureau (CPIB) had been unreliable and inaccurate, resulting in the acquittal of Mr Pay Teow Heng, 56, and Mr Pek Lian Guan, 59. Both had been charged in July 2020 for allegedly bribing Foo to secure business advantages for their company, Tiong Seng Contractors.

District Judge Soh Tze Bian issued a detailed 52-page judgment highlighting the procedural flaws in the case.

He emphasized that the conduct of the CPIB officers responsible for recording statements from Mr Pay and Mr Pek raised significant doubts about the reliability of the evidence against the accused. The judge found that the statements obtained from the two men were “inaccurate, unreliable and unsafe” to rely on, leading to their acquittal on all charges.

The accusations against Mr Pay and Mr Pek centred on two counts, each under the Prevention of Corruption Act

Mr Pay, then the director of Tiong Seng Contractors, was accused of offering S$350,000 in bribes to Henry Foo on two occasions in 2017 and 2018 to advance the company’s interests with the LTA. Mr Pek, the managing director of Tiong Seng Contractors, was accused of aiding Mr Pay in the alleged offences.

On 2 September 2021, Henry Foo was sentenced to 66 months’ imprisonment for corruption. Additionally, a penalty order of S$1,156,250 (in default, 12 months’ imprisonment) was imposed on him.

Issues with the CPIB Investigation

A key factor in the acquittal was the conduct of two CPIB investigating officers (IOs), Chris Lim and another officer identified only as Jeffrey. According to Judge Soh, their methods of recording statements from the accused demonstrated a lack of objectivity and integrity.

Mr Lim, who recorded Mr Pay’s second statement, admitted during the trial that he had approached the interview with a “preconceived notion” of Mr Pay’s guilt.

Judge Soh criticized Mr Lim’s handling of the statement, noting that he retyped the statement with his own wording after Mr Pay suggested amendments. This action left Mr Pay unable to verify whether his changes were accurately reflected, raising questions about the reliability of the statement.

Similarly, IO Jeffrey’s conduct in recording Mr Pek’s first statement was found to be flawed. The judge noted that Jeffrey had used a “cut-and-paste method” to compile the statement, which included repeated self-incriminating remarks.

The judge remarked that the statement seemed more like a “product of IO Jeffrey’s authorship than an accurate account of what Pek actually communicated.” During cross-examination, Jeffrey admitted that he had crafted the statement to suggest that Mr Pek was the originator of the corrupt scheme.

The judge noted: “By IO Jeffrey’s own admission, he drafted Pek’s first statement with the intention to ‘frame’ Pek, focusing almost exclusively on recording information that supported Pek’s culpability, rather than objectively establishing the facts of the case.”

He stated that these actions by the IOs made it unsafe to rely on the statements as evidence of guilt.

Testimony of Key Witness Henry Foo

Another critical aspect of the judgment involved the testimony of Henry Foo, the former LTA official who received the alleged bribes.

Foo, who was called as a prosecution witness, testified that neither Mr Pay nor Mr Pek had requested any favours in return for the loans they extended to him. He maintained that the loans were offered out of goodwill and friendship, rather than as part of a corrupt arrangement.

Judge Soh noted that the prosecution had failed to challenge or impeach Foo’s credibility, making his testimony more reliable in the eyes of the court.

Furthermore, Foo had testified that he pleaded guilty to the charges against him in 2021 not because he believed in his own guilt, but to avoid the prolonged distress of a trial. Judge Soh rejected the prosecution’s argument that Foo’s guilty plea should be seen as an admission of his own corrupt intent and that of Mr Pay and Mr Pek.

Foo was sentenced to five-and-a-half years in prison in September 2021 after being found guilty of accepting S$1.24 million in bribes.

His guilty plea, however, did not directly implicate Mr Pay and Mr Pek in corrupt activities, according to the judge’s assessment.

Outcome and Next Steps

Judge Soh concluded that the prosecution had failed to prove its case against Mr Pay and Mr Pek beyond a reasonable doubt.

As a result, he ordered a discharge amounting to an acquittal for both men, clearing them of all charges.

The Attorney-General’s Chambers (AGC) is currently reviewing the judgment to determine the next course of action, as confirmed by an AGC spokesperson.

Both Mr Pay and Mr Pek had stepped down from their roles at Tiong Seng Holdings after the charges were brought against them in 2020.

Several other individuals, including former directors of other engineering firms, have been sentenced to jail in connection with the corruption scheme involving Henry Foo.

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3 Chinese nationals linked to global cybercrime syndicate face new charges in Singapore

New charges were filed on 8 October against three Chinese nationals linked to an alleged global cybercrime syndicate in Singapore. One suspect faces allegations of receiving S$11.6 million from “Biao Ge,” purportedly used for the upkeep and expenses of the group. The nationals entered Singapore on construction work passes but reportedly did not stay at their registered workplaces.

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SINGAPORE: New charges were tendered on Tuesday (8 October 2024) against three Chinese nationals implicated in an alleged global cybercrime syndicate based in Singapore.

The latest revelations indicate a flow of funds amounting to approximately S$11.6 million (US$8.9 million) dedicated to the upkeep of the group and its connections to South Korea.

As reported by CNA, the court records, charge sheets, and a prior press statement jointly issued by the police and the Internal Security Department (ISD) outline that the trio is part of a larger group of seven men, all Chinese nationals except one Singaporean.

According to a police statement issued on 10 September, The group is accused of operating from a bungalow in Mount Sinai and is believed to be linked to a global syndicate involved in cybercrime activities.

Authorities seized laptops and devices from the suspects, which contained credentials to access Internet servers associated with known hacker groups, stolen data belonging to foreign victims, computer hacking tools exploiting vulnerabilities in Internet servers, and specialised software to control malware.

The Chinese nationals reportedly gained entry into Singapore with work passes intended for construction work but allegedly did not stay at their registered employer’s workplace.

The suspects were apprehended on 9 September in simultaneous island-wide raids conducted by approximately 160 officers from the Singapore Police Force (SPF) and ISD.

The seven accused men are: Sun Jiao, 42, Zhang Qingqiao, 38, Chen Yiren, 42, Yan Peijian, 38, Huang Qin Zheng, 35, Liu Yuqi, 32, and Singaporean Goh Shi Yong, 34. The three men receiving fresh charges on Tuesday are Sun, Zhang, and Chen.

Chen Allegedly Received S$11.6 Million for Criminal Group’s Expenses

Chen’s new charge alleges he received S$11.6 million from an individual known as “Biao Ge”, which he purportedly spent on the rent, upkeep, and expenses of an organised criminal group, including Yan, Huang, Liu, and Sun.

This allegedly covers funding for the Mount Sinai bungalow. Of the total amount, Chen is accused of having “expended” about S$399,000 on 11 occasions between 2022 and 2024, under the Organised Crime Act.

Zhang faces new accusations of abetting two individuals—Lim Clovis Leslie and Lee Kok Leong—to obtain the personal information of unknown individuals on 28 July 2023.

Meanwhile, Sun has been charged with sending a file containing the personal information of 1,055 unknown individuals from South Korea to a WhatsApp chat group on 12 August 2023, while he was in Singapore.

Additionally, he is accused of receiving 772,500 USDT in cryptocurrency from a wallet belonging to co-accused Liu, which allegedly stemmed from criminal conduct.

Suspects Accused of Targeting Websites to Exploit Vulnerabilities and Trade Stolen Personal Data

Previous charges against the suspects depict them as targeting websites to scan for open ports and exploit vulnerabilities, offering to purchase personal information of Indian nationals from gambling websites, and sending a file containing the personal information of 9,369 individuals from Thailand to other parties.

According to a prosecutor’s submissions in unsuccessful bail reviews on 1 October, the Chinese nationals involved are foreigners engaged in syndicated, transnational offences, with amounts involved “in excess of S$1 million”.

The public hearing list indicates that Sun is defended by Mr Hong Qibin, Ms Elaine Cai, and Mr Daniel Chia from Coleman Street Chambers. Yan is represented by Mr Ong Kelvin from Contigo Law, while Chen is defended by Mr Steven John Lam from Templars Law.

Both Huang and Liu are represented by Mr Lee Teck Leng from Legal Clinic.

Zhang is defended by Mr Sunil Sudheesan and Ms Joyce Khoo from Quahe Woo & Palmer, and Goh is represented by Mr Soon Wei Song from Goh JP & Wong.

Sun and Chen are scheduled for bail reviews on 10 October. They have been remanded for approximately a month, while the other five men are set to return to court later this month.

In addition to the main group, two Malaysian men, Seow Gim Shen (42) and Kong Chien Hoi (39)  are facing charges in Singapore for conspiring to supply the personal information of 9,369 individuals from Thailand in a file sent from Singapore. They are expected to plead guilty next week.

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