TKL can afford Davinder Singh?
The following is a transcript of parts of the cross examination of T.T. Durai during the infamous NKF scandal. In 2004, Durai and the NKF sued SPH for defamation over an article that alleged a gold plated tap was installed in Durai's office suite. Revelations at the trial resulted in the resignation of Durai and the entire board of directors.
Davinder Singh: Can we have a straight answer to this question and listen very carefully to it: Using NKF's funds, have you travelled first class? A straight answer, you are on oath.
T. T. Durai: Yes, NKF has not paid for...
Davinder Singh: No, no. My question is very simple. Using NKF's fund have you ever travelled first class?
T. T. Durai: No.
Davinder Singh: Is that the honest truth?
T. T. Durai: I have travelled on NKF's business-class entitlement. I have used it to travel first class.
Davinder Singh: I ask you one more time. Forget entitlement. Money. NKF money used. You travel first class?
T. T. Durai: Yes.
Davinder Singh: You have?
T. T. Durai: Yes, on business-class entitlement.
To further questions, Mr Durai said he knew that an SIA business-class fare was higher than first-class fare on other airlines.
Davinder Singh: So effectively, what you have done is you have used money from the NKF ostensibly for business-class travel but really for first-class travel.
T. T. Durai: I have used...
Justice Tan Lee Meng: Yes or no?
T. T. Durai: Yes. Can I explain why?
Judge: You can but I would appreciate if you answer the questions.
Davinder Singh: You see, Mr Durai, this is public money. Isn't it your duty as a trustee of people's money to make sure that you get best value on a business-class seat instead of deploying this clever tactic of using one of the highest published rates to get first class on another plane?
T. T. Durai: This is a decision made by the board. I used the entitlement.
Judge: The question is not who made the decision.
T. T. Durai: The board gave me...
Judge: Please answer the question.
Davinder Singh: Isn't it true that as a trustee of people's money, you have a duty to ensure that you get value for that money?
T. T. Durai: True.
Davinder Singh: Isn't it true that you need to fly in business class for business-class comfort?
T. T. Durai: This is an entitlement given by the board to me...
Judge: That was not his question. His question was, the directors feel that you deserve business-class comfort.
T. T. Durai: Yes.
Davinder Singh: And because you deserve business-class comfort, you are given a perk of business-class travel.
T. T. Durai: Yes.
Davinder Singh: Using the money donated by the man in the two-room HDB flat.
T. T. Durai: Yes.
Davinder Singh: Who has never in his life seen a business-class cabin?
T. T. Durai: I would not know that.
Davinder Singh: The reason the public has been misled is that you know that if the public knew the truth, they would be upset that these methods were being used to get yourself on first class. Isn't that right?
T. T. Durai: No.
Davinder Singh: The public would be upset.
T. T. Durai: No.
Davinder Singh: That is why you are not telling them the truth. Why hide the truth?
T. T. Durai: I am just like every other CEO entitled to benefits and rights. We run a business organisation with a turnover of $120 million.
Judge: Why hide the truth? The question was, why hide the truth?
Davinder Singh: Why hide the truth? You see, if it is completely acceptable, completely above board, why not tell the public this is what you are doing? Why create a totally false impression, as we have seen in this article?
T. T. Durai: On hindsight, we should have done that - to say I travel on first class using a business-class airfare.
Davinder Singh: In your affidavit, you liken yourself to CEOs of companies and ministers in government, right? Would you agree with me that like ministers in the government, you are being paid out of people's money? Would you agree with me that ministers' salaries are transparent?
T.T. Durai: Yes.
Davinder Singh: Would you agree with me that CEOs of listed companies have their salaries published in the newspapers?
T.T. Durai: Yes.
Davinder Singh: And you have likened yourself to CEOs of public companies. Why are you not publishing your own information?
T.T. Durai: I like my salary to remain private. My board members know that. My senior colleagues know that.
Davinder Singh: We all like our salaries to be private. But if it's funded by the public, which takes precedence? The right of the public to know how much of their money goes to you, or your preference for privacy?
T.T. Durai: I think it is for the board to decide. The public doesn't control the organisation.
Davinder Singh: Exactly. Exactly. You see, Mr Durai, the public does not control, it doesn't have access to information. So doesn't that place on you a responsibility?
T.T. Durai: We comply with all the regulatory requirements. If the regulatory authorities imposed a condition that we have to disclose salaries, we would.
Davinder Singh: So for the past three years you have earned about $1.8 million from the NKF.
T.T. Durai: Yes.
Davinder Singh: And the man who earns $1,000 a month who takes out $50 of his pay packet every month thinking that it is going to save lives, should he not know that that is the kind of money you earn?
T.T. Durai: There is nothing wrong with the money I earn.
Davinder Singh: $1.8 million, I wonder what is wrong. $1.8 million. Should the man who takes $50 out of his pay packet of $1,000, leaving $950 for him, his wife and his children, with no savings, should he not know that some of that money is going or has gone into a $500,000 to $600,000 pay package for you?
T.T. Durai: Surely he knows.
Davinder Singh: Tell me, how does he know?
T.T. Durai: Let me explain. People donate money to the NKF to run a dialysis programme that saves lives. We have built a dialysis programme. We run...
Judge: Please answer the question.
Davinder Singh: You said: 'Surely he knows.'
T.T. Durai: No, I am saying a person who contributes to the foundation knows that there are people working in the institution.
Judge: No. The question is, should that person know that you are earning $500,000, $600,000 a year? It is a simple question.
T.T. Durai: No, your honour, I do not see a need for him to know.
Davinder Singh: Thank you. It has nothing to do with privacy. It is about embarrassment, is it not?
T.T. Durai: No.
Davinder Singh: You would lose all authority, all moral authority to look at him in his eyes, isn't that right?
T.T. Durai: That is not true.
Davinder Singh: If he knew that you were flying first class on his money, you could not look him in his eyes, isn't that true?
T.T. Durai: It is not true.
Davinder Singh: If he knew that his salary couldn't even buy the bathroom fittings in your private office suite, you couldn't look him in his eyes.
T.T. Durai: That is not true.
Durai would withdraw his lawsuit against SPH on day 2 of the trial.