Before more people misunderstood "KVETCH" as a person name, perhaps I should explain the meaning a little.
Kvetch actaully meant to complain and whine. This blog named "Kvetch Haven" so that I can complain a little, whine a little about life. Of course, this blog will not be solely on constant whinning and complain.
NKF Saga: Court Case Day 1 (continue)
whispered @ Wednesday, July 13, 2005 by stardusz
A continuation os the case on Day 1 with some extracts on the dialouge exchange between the lawyer, Davinder Singh and the CEO of NKF, T.T. Durai
T. T. Durai: I should have said, I travel on first class
CEO says he should have said that 'on hindsight' so as not to mislead the public, but insists he had merely used his entitlement. Sharon Loh and Selina Lum report
DOES National Kidney Foundation (NKF) chief executive T.T. Durai fly first class when he travels at the organisation's expense?
Two men who said as much were taken to court separately in 1998. Both apologised and paid damages and costs to the NKF.
Former real estate consultant and NKF volunteer Archie Ong was one. He had said in conversation with NKF's Mr Alwyn Lim that the organisation squandered money and that Mr Durai 'jets here and there in first class'.
The other was aero-modelling instructor Piragasam Singaravelu, who said he had seen Mr Durai in Singapore Airlines' (SIA's) first-class cabin.
The NKF, including chairman Richard Yong, had maintained that senior executives fly business class for long-haul flights.
Yesterday, Mr Durai told the court that he does in fact fly first class.
For the past two years he has been entitled to a fare equal to SIA's business-class rate - which can translate to first class on other airlines. Previously, he paid the difference himself.
Questioned by counsel Davinder Singh, Mr Durai insisted that he did nothing wrong by using his entitlement to pay for first-class travel.
Their exchanges on this point went this way:
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: So you set your perk at SIA business-class rate, use that money to go first class and sue people who say that they have seen you in first class?
T. T. Durai: At that point (of the 1998 lawsuits) I didn't travel on first class. But in the past two years, the board has given me entitlement to travel business class on an SIA ticket. So I have taken the liberty to travel first class... That is what the board has decided. They know about this.
IN THE Straits Times article at the centre of the current lawsuit, NKF chairman Richard Yong was quoted as saying that nobody flew first class on NKF's money.
Asked now if that statement was true or false, Mr Durai replied: 'On the basis of what you said, it is not true.'
Mr Singh asked repeatedly if Mr Yong's statement to the paper was false. At first Mr Durai disagreed.
Davinder Singh: NKF does not pay for first-class airfare from Singapore. Does this say that if Mr Durai flies from Singapore, we only pay business class? But if Mr Durai flies from other countries back to Singapore, it is first class?
Therefore, is this statement by Mr Yong to the reporter Susan Long, meant for the public and donors, true or false?
T. T. Durai: It is not accurate, yes. Your interpretation is not accurate.
Davinder Singh: How will the public read this? You have sued two people who alleged you travelled first class.
T. T. Durai: They will have a different view of it.
Davinder Singh: They will read it to mean that none of NKF's executives including you fly first class using NKF's money, correct?
T. T. Durai: Yes.
Davinder Singh: And that is false, correct?
T. T. Durai: Yes.
Davinder Singh: Is this transparency or is this deliberate concealment of facts? We had come to this court to justify the lack of transparency. What we have now learnt is far more egregious than that. Is this a matter of transparency or an orchestrated attempt to lie to the public?
T. T. Durai: No. The board has made a decision on the entitlement - I have used my entitlement to travel the way I want for the purpose of business. It is not something I have done deliberately to deceive the public.
Davinder Singh: Are you now going to do the right thing to go to the two persons you took money from (in the 1998 lawsuits) to return it to them and to apologise?
T. T. Durai: No. I want to explain because at that time I was not travelling using NKF's money to buy a first-class ticket. I paid the difference and then travelled on first class. ...
Mr Davinder Singh asked several times why Mr Yong felt it necessary to mislead the public with a statement that was not true, and why Mr Durai had done nothing to correct it.
Mr Durai replied that he had merely used his travel entitlement and did not deceive the public.
Davinder Singh: Mr Durai, one last chance before I move on because if you don't have an answer, we know what it is. Why was it necessary to mislead the public?
T. T. Durai: You ask Mr Richard Yong that question. I don't know.
Mr Durai disagreed that his method of using his business-class entitlement to travel first class amounted to mismanagement of NKF donations.
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.
E-mail: sharonl@sph.com.sg
E-mail: selinal@sph.com.sg
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