Wednesday, July 13, 2005
Grilled over two days, NKF chief withdraws libel suit
Source: http://www.todayonline.com/articles/61190.asp
Disclaim: I do not condemn or commend.
Grilled over two days, NKF chief withdraws libel suit
Tor Ching Li
chingli@newstoday.com.sg
THE end came suddenly.
After being grilled for two full days, Mr T T Durai, chief executive of the National Kidney Foundation, was asked by the Singapore Press Holdings' (SPH) senior counsel Davinder Singh: "Are you willing to dispose of your claim?"
A little haggling and some objections by the lawyers followed but after a few minutes, Mr Durai told the stunned courtroom: "Yes, I withdraw my claim."
The NKF and Mr Durai had claimed defamation by the publishing company and its senior writer Susan Long over a report that mentioned an alleged "gold-plated tap".
The hearings had been projected to last 10 days. But at around 5pm yesterday, when Mr Durai threw in the towel, even Judge Tan Lee Meng told him: "Consider carefully."
Mr Durai did so and repeated the same sentiment. He would drop his claims.
Mr Singh had questioned Mr Durai on several aspects of his own entitlements. He also tried to show there was a lack of transparency in NKF's operations.
The case had started with Mr Durai claiming there was no truth to assertions that NKF had had a gold-plated tap installed in its new premises.
Instead, Mr Durai was asked about his directorships on several companies — and why he had not told the NKF board about them.
He was asked about NKF's fleet of eight cars and the Mercedes Benz 200 that is earmarked for Mr Durai's use.
Mr Singh even zeroed in on statements made by other NKF functionaries in their communications with the media.
Case in point: A letter written by NKF chairman Richard Yong that said the NKF's reserves could be exhausted in as few as three years.
Doing some arithmetic, Mr Singh suggested that the $189 million reserves could stretch for far longer.
Mr Durai tried to explain that the NKF had used the worst-case scenario whereby none of its 2,000 patients could afford to co-pay their monthly dialysis costs of $2,600.
But Mr Durai conceded: "Three years is an inaccuracy ... but it's for the people (of Singapore)."
"And your tap," added Mr Singh.
Mr Singh then turned to a claim made by Dr Gerard Chuah, chairman of the NKF Children's Medical Fund, citing the NKF's patient numbers as 3,000 — "an inflation of 1,000 patients".
Mr Durai said Dr Chuah had sent the letter himself, and replied that he did not act on the error because there "was with no intention to deceive".
"I suggest this is another example of a deliberate strategy crafted by Mr Durai and the NKF in the hope of attracting more and more funds," said Mr Singh.
"That is not so," retorted Mr Durai.
"We have fulfilled our responsibility to our donors in achieving the objective of the money they donated ... we may make mistakes here and there but our objective is to save lives and we did save lives," he added.
He said he had sued SPH as the situation described in the first six paragraphs of Ms Long's report — about a contractor outraged by an order for a "gold-plated tap" from the NKF — "never happened".
For the record, Ms Long could not produce the tape from her three-hour interview at the NKF last April as it was "lost or misplaced". But Mr Singh said they had located a contractor who would testify as Ms Long's source.
On a separate score, he put it to Mr Durai that the installation of a "pricey toilet bowl" amounted to mismanagement.
Eventually, Mr Durai was left protesting only about the "gold-plated tap", which he said implied "extravagance to the extreme".
Mr Singh then got him to admit that the fittings could be interpreted as "extravagant for a charity".
Finally, Mr Durai withdrew this last claim, and the court will now decide on compensation for costs.
Speaking to the press, Mr Durai said there was no purpose served in continuing litigation and acrimony with The Straits Times — "an important partner of the NKF".
"Litigation is always fought with difficulty. I am quite aware of what may happen (with regard to public reaction), but the track record of the NKF will speak for itself," said Mr Durai.
"We've tried to be perfect, I've tried my best for the past 37 years. I'm not perfect, but I took the claim because I believe in the truth. I am not responsible for any of the things that happened (during the toilet installation) in 1994. We did not hide the truth in any way."
When asked if he would resign, he replied: "No, I don't think so. Not unless people want me to."
Mrs Goh Chok Tong, an NKF patron who was present in the public gallery, told Today: "All NKF asked for was a retraction, because what was stated was not true. Instead they have expanded the case into other matters. I have no question on the NKF's transparency, and have complete faith in the NKF and Mr Durai."
Disclaim: I do not condemn or commend.
Grilled over two days, NKF chief withdraws libel suit
Tor Ching Li
chingli@newstoday.com.sg
THE end came suddenly.
After being grilled for two full days, Mr T T Durai, chief executive of the National Kidney Foundation, was asked by the Singapore Press Holdings' (SPH) senior counsel Davinder Singh: "Are you willing to dispose of your claim?"
A little haggling and some objections by the lawyers followed but after a few minutes, Mr Durai told the stunned courtroom: "Yes, I withdraw my claim."
The NKF and Mr Durai had claimed defamation by the publishing company and its senior writer Susan Long over a report that mentioned an alleged "gold-plated tap".
The hearings had been projected to last 10 days. But at around 5pm yesterday, when Mr Durai threw in the towel, even Judge Tan Lee Meng told him: "Consider carefully."
Mr Durai did so and repeated the same sentiment. He would drop his claims.
Mr Singh had questioned Mr Durai on several aspects of his own entitlements. He also tried to show there was a lack of transparency in NKF's operations.
The case had started with Mr Durai claiming there was no truth to assertions that NKF had had a gold-plated tap installed in its new premises.
Instead, Mr Durai was asked about his directorships on several companies — and why he had not told the NKF board about them.
He was asked about NKF's fleet of eight cars and the Mercedes Benz 200 that is earmarked for Mr Durai's use.
Mr Singh even zeroed in on statements made by other NKF functionaries in their communications with the media.
Case in point: A letter written by NKF chairman Richard Yong that said the NKF's reserves could be exhausted in as few as three years.
Doing some arithmetic, Mr Singh suggested that the $189 million reserves could stretch for far longer.
Mr Durai tried to explain that the NKF had used the worst-case scenario whereby none of its 2,000 patients could afford to co-pay their monthly dialysis costs of $2,600.
But Mr Durai conceded: "Three years is an inaccuracy ... but it's for the people (of Singapore)."
"And your tap," added Mr Singh.
Mr Singh then turned to a claim made by Dr Gerard Chuah, chairman of the NKF Children's Medical Fund, citing the NKF's patient numbers as 3,000 — "an inflation of 1,000 patients".
Mr Durai said Dr Chuah had sent the letter himself, and replied that he did not act on the error because there "was with no intention to deceive".
"I suggest this is another example of a deliberate strategy crafted by Mr Durai and the NKF in the hope of attracting more and more funds," said Mr Singh.
"That is not so," retorted Mr Durai.
"We have fulfilled our responsibility to our donors in achieving the objective of the money they donated ... we may make mistakes here and there but our objective is to save lives and we did save lives," he added.
He said he had sued SPH as the situation described in the first six paragraphs of Ms Long's report — about a contractor outraged by an order for a "gold-plated tap" from the NKF — "never happened".
For the record, Ms Long could not produce the tape from her three-hour interview at the NKF last April as it was "lost or misplaced". But Mr Singh said they had located a contractor who would testify as Ms Long's source.
On a separate score, he put it to Mr Durai that the installation of a "pricey toilet bowl" amounted to mismanagement.
Eventually, Mr Durai was left protesting only about the "gold-plated tap", which he said implied "extravagance to the extreme".
Mr Singh then got him to admit that the fittings could be interpreted as "extravagant for a charity".
Finally, Mr Durai withdrew this last claim, and the court will now decide on compensation for costs.
Speaking to the press, Mr Durai said there was no purpose served in continuing litigation and acrimony with The Straits Times — "an important partner of the NKF".
"Litigation is always fought with difficulty. I am quite aware of what may happen (with regard to public reaction), but the track record of the NKF will speak for itself," said Mr Durai.
"We've tried to be perfect, I've tried my best for the past 37 years. I'm not perfect, but I took the claim because I believe in the truth. I am not responsible for any of the things that happened (during the toilet installation) in 1994. We did not hide the truth in any way."
When asked if he would resign, he replied: "No, I don't think so. Not unless people want me to."
Mrs Goh Chok Tong, an NKF patron who was present in the public gallery, told Today: "All NKF asked for was a retraction, because what was stated was not true. Instead they have expanded the case into other matters. I have no question on the NKF's transparency, and have complete faith in the NKF and Mr Durai."
