Wednesday, January 22, 2014

Doubts based on an initial reading, not a firm conclusion: Sim (BT: 23 Jan 2014)

[SINGAPORE] The defence launched its cross-examination of City Harvest Church's (CHC) one-time external auditor yesterday with Kong Hee's lawyer establishing that the auditor had no grounds on which to give any direct evidence on the CHC founder and senior pastor.

Sim Guan Seng, managing partner of local public accounting firm Baker Tilly TFW, testified yesterday that he had no contact, communication or dealings with Kong during his entire time as the audit engagement partner of CHC and Xtron Productions (a music production house that helped manage CHC's evangelisation-through-pop- music Crossover Project).

Mr Sim said he could not testify as to what Kong did, knew or was aware of - in relation to the evidence that the auditor had tendered on Monday and Tuesday - given that he had no dealings with Kong throughout the entire audit period.

Mr Sim had spent the first two days of the week on the stand, answering the prosecution's questions. Among various things, he had said that the emails and documents - mostly internal correspondence between senior CHC members - shown to him by the prosecution had raised "a lot" of doubts and concerns about the veracity of CHC's bond investments in Xtron and another company, The First National Glassware (Firna).

Under cross-examination by the defence counsel, Mr Sim clarified that he had not seen any of the emails and other documents shown to him by the prosecution before seeing them in court this week.

Therefore, the doubts and concerns he raised about the various transactions were merely questions he had, based on his initial reading of the documents. He said he was not drawing any conclusions on them, and could not do so, without understanding their context.

"My answers are based on what was shown to me . . . I can't form a conclusion unless I have an opportunity to talk to those who are involved in the email and seek an explanation (from them)," Mr Sim said.

"And evaluate the entire context and circumstances behind the particular email, correct?" Edwin Tong, defence counsel for Kong, asked.

"Yes," Mr Sim answered.

He also testified that he knew that the bond issues were paid for using money from CHC's Building Fund, which he said could be used for investments.

"The Building Fund can be used to make an investment and I don't think that is a problem . . . Based on the information shown to me, the issue or doubts I have are whether these transactions are investments or not," he said.

He testified on Tuesday that, based on a spreadsheet prepared by CHC which he was shown - which laid out the timeline of funds paid out from CHC for its various investments - it appeared to him that the funds had been roundtripped, using the various entities laid out in the timeline.

He said on Tuesday that the spreadsheet "leads me to question whether the investments by CHC . . . are really investments in the first place".

This evidence was revisited yesterday by Senior Counsel Kannan Ramesh, counsel for CHC finance manager Sharon Tan.

Mr Ramesh said the prosecution had posed questions to Mr Sim, using the assumption that the transactions in the spreadsheet "were transactions which were carried out only with the knowledge and planning of certain members of management, including the accused".

"If I ask you to tell me whether your views would still remain if these transactions, or the substance of these transactions, were disclosed to the board of the church, deliberated upon by the board of the church and approved by the board of the church, would your answers still be the same?" Mr Ramesh asked.

"My answer would still be the same," Mr Sim said.

"Would you be able to take that position without speaking to the members of the board to understand why they had given the go-ahead?" Mr Ramesh pressed.

Mr Sim replied: "Just the matter of it having been approved doesn't mean very much to me as an auditor. The whole board could be in collusion to approve this. It makes no difference to the substance of the actual flow of funds."

The hearing continues.

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