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« Reply #1 on: January 10, 2007, 08:40:15 AM » |
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Durai concedes 'no case' in NKF suit, other defendants fight on
FORMER National Kidney Foundation chief executive T.T. Durai has unexpectedly conceded that he has 'no case' in the civil suit filed by the foundation and will pay costs, but the other defendants will fight on.
It came on day 3 of the civil trial, after the court action between the new NKF and the old one was adjourned to Chambers on Wednesday.
Mr Edwin Tong, a lawyer on the team representing the NKF, broke the news to reporters at about 5pm, saying that the first defendant, Mr Durai, has 'conceded the case, with costs'.
He said the NKF is currently assessing damages.
The court hearing on damages will take place in about 12 months and should last two to three weeks.
The civil trial will proceed with the remaining defendants, and the hearing will resume in Chambers at 10am on Friday.
Not expected
Mr K. Shanmugam, the lead lawyer on the NKF legal team, was asked by reporters on the outcome and replied: 'I had not expected it.'
He said the judgement on Mr Durai was entered at 5pm.
Asked about the amount of damages, Mr Shanmugam replied: 'The more you admit to the case, the more you incur damages.'
'NKF went to court to prove a point because of public interest and public money ...' he added.
Action in Chambers
Lawyers representing the two sides met in Chambers in the morning and it was decided that the hearing would resume in the High Court at 2.30pm.
But this was followed by a further adjournment and both sides returned to Chambers at 4pm with Judicial Commissioner Sundaresh Menon.
By late afternoon, the parties were still huddled in Chambers and never returned to the courtroom, where lawyers acting for the defendants had been expected to present their opening statements after Mr Shanmugam completed his opening statement on Tuesday.
Mr Durai is represented by Mr Chelva Rajah. Former chairman Richard Yong and former treasurer Loo Say San are represented by Mr Chia Boon Teck while ex-director Matilda Chua is represented by Mr Cheah Kok Lim.
Mr Chia told reporters that they will re-assess their options given Wednesday's development and may need to call Mr Durai to the witness stand.
The NKF is seeking to recover some $12 million from the defendants, in a civil trial that is set to last eight weeks.
Besides a computer forensics expert who will elaborate on accusations that files had been deleted to destroy evidence, an eyewitness to the destruction of documents had been expected to take the stand on Wednesday.
Straits times interactive.
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