NKF case mystery man sends 17 boxes
His papers may help ex-directors who want to rope in the rest
Derrick A Paulo
derrick@newstoday.com.sg
He is the mystery man in the National Kidney Foundation (NKF) saga. Few had heard of Mr Pharis Aboobacker until independent auditor KPMG opened NKF's books last year.
Of the $12 million in claims sought by the new NKF board as a result of those findings, the biggest amount comes from payments to his companies. Yet, the Indian national has not stepped into Singapore despite being named a defendant in the civil suit.
On Friday, however, the elusive one was behind what may turn out to be the most significant move in the suit.
He sent 17 boxes of documents — 55,000 pages in all — from India to the law offices of KhattarWong, which is defending former board directors Richard Yong and Loo Say San against NKF's claims.
In those slightly wet cartons are all the details about the old NKF's dealings with his computer software company Forte Systems and his call centre company Protonweb Solutions.
Presumably, at least. The team at KhattarWong will now have to painstakingly trawl through the contents. But Mr Chia Boon Teck, who is the duo's lawyer, does not mind at all.
"My clients had tried to contact Mr Aboobacker, all his contacts, but nothing. Then out of the blue, I got an email in mid-May from a lawyer in India, who said he's representing him," said Mr Chia.
"But Mr Aboobacker was reluctant to get involved. A lot of phone calls were exchanged. And in the end, we didn't think they would follow through. Who would send all this without talking about costs? So, imagine my surprise."
The two companies in questions have been asked to return $5.28 million. NKF claims that they did not deliver up to the specifications. Mr Yong and Mr Loo are denying, among others, that the payments represent a breach of duty as directors.
Their lawyer was a busy man yesterday as the noose from the civil suit gets set to widen, with his clients doing some lassoing of their own.
The High Court yesterday received an application that could implicate the entire board of the old NKF. Currently, only three former directors — Ms Matilda Chia being the third — are facing claims from NKF.
But Mr Yong and Mr Loo, previously the chairman and honorary treasurer respectively of the executive committee, object to being singled out in the legal action by NKF.
So, their lawyer has filed a summons for leave to issue a third-party notice which could eventually rope in their erstwhile co-directors.
It is up to the High Court to decide on the application. If it gives the nod, which may be as early as June 19, up to four other directors may have to answer to the NKF's claims and could contribute to the cost of liability, if any is found.
Based on the two men's defence, which was amended also on Friday, certified public accountant Alwyn Lim, who was chairman of the finance committee and the main money man for the old NKF, figures prominently in some matters the duo are contesting.
The other three directors of the old board were: Mr Chow Kok Fong, the chief executive officer of Changi Airport Managers and Partners, a wholly-owned subsidiary of the Civil Aviation Authority of Singapore; Mr Kweh Soon Han, a partner in Kweh Lee and Partners; and Associate-Professor Lawrence Chia of the National University of Singapore.
The former two ceased to be directors in 2004. None of them was charged with criminal offences.
As for the criminal cases against Mr Yong and Mr Loo, a pre-trial conference is set for June 19. Investigations into the NKF scandal also led to other charges filed against former NKF chief executive T T Durai, Ms Chua and former NKF employee Ragini Vijayalingam.
It is likely these cases will be heard before the NKF civil suit.
The Court has fixed the tentative period for the civil hearing from Jan 8 to Feb 9 next year. That is only to determine if the defendants are liable. If they are, another trial is needed to determine damages.
With an additional 17 boxes of documents and possibly up to four third-party individuals, the NKF saga could drag on for a long time.
Derrick A Paulo
derrick@newstoday.com.sg
He is the mystery man in the National Kidney Foundation (NKF) saga. Few had heard of Mr Pharis Aboobacker until independent auditor KPMG opened NKF's books last year.
Of the $12 million in claims sought by the new NKF board as a result of those findings, the biggest amount comes from payments to his companies. Yet, the Indian national has not stepped into Singapore despite being named a defendant in the civil suit.
On Friday, however, the elusive one was behind what may turn out to be the most significant move in the suit.
He sent 17 boxes of documents — 55,000 pages in all — from India to the law offices of KhattarWong, which is defending former board directors Richard Yong and Loo Say San against NKF's claims.
In those slightly wet cartons are all the details about the old NKF's dealings with his computer software company Forte Systems and his call centre company Protonweb Solutions.
Presumably, at least. The team at KhattarWong will now have to painstakingly trawl through the contents. But Mr Chia Boon Teck, who is the duo's lawyer, does not mind at all.
"My clients had tried to contact Mr Aboobacker, all his contacts, but nothing. Then out of the blue, I got an email in mid-May from a lawyer in India, who said he's representing him," said Mr Chia.
"But Mr Aboobacker was reluctant to get involved. A lot of phone calls were exchanged. And in the end, we didn't think they would follow through. Who would send all this without talking about costs? So, imagine my surprise."
The two companies in questions have been asked to return $5.28 million. NKF claims that they did not deliver up to the specifications. Mr Yong and Mr Loo are denying, among others, that the payments represent a breach of duty as directors.
Their lawyer was a busy man yesterday as the noose from the civil suit gets set to widen, with his clients doing some lassoing of their own.
The High Court yesterday received an application that could implicate the entire board of the old NKF. Currently, only three former directors — Ms Matilda Chia being the third — are facing claims from NKF.
But Mr Yong and Mr Loo, previously the chairman and honorary treasurer respectively of the executive committee, object to being singled out in the legal action by NKF.
So, their lawyer has filed a summons for leave to issue a third-party notice which could eventually rope in their erstwhile co-directors.
It is up to the High Court to decide on the application. If it gives the nod, which may be as early as June 19, up to four other directors may have to answer to the NKF's claims and could contribute to the cost of liability, if any is found.
Based on the two men's defence, which was amended also on Friday, certified public accountant Alwyn Lim, who was chairman of the finance committee and the main money man for the old NKF, figures prominently in some matters the duo are contesting.
The other three directors of the old board were: Mr Chow Kok Fong, the chief executive officer of Changi Airport Managers and Partners, a wholly-owned subsidiary of the Civil Aviation Authority of Singapore; Mr Kweh Soon Han, a partner in Kweh Lee and Partners; and Associate-Professor Lawrence Chia of the National University of Singapore.
The former two ceased to be directors in 2004. None of them was charged with criminal offences.
As for the criminal cases against Mr Yong and Mr Loo, a pre-trial conference is set for June 19. Investigations into the NKF scandal also led to other charges filed against former NKF chief executive T T Durai, Ms Chua and former NKF employee Ragini Vijayalingam.
It is likely these cases will be heard before the NKF civil suit.
The Court has fixed the tentative period for the civil hearing from Jan 8 to Feb 9 next year. That is only to determine if the defendants are liable. If they are, another trial is needed to determine damages.
With an additional 17 boxes of documents and possibly up to four third-party individuals, the NKF saga could drag on for a long time.
posted by khimsiu at 12:29 PM
0 Comments:
Post a Comment
<< Home