KUALA LUMPUR: Former Transport Minister Tun Dr Ling Liong Sik will know his fate on Oct 25 over his three charges of cheating the Government in relation to the Port Klang Free Zone (PKFZ) land deal.
High Court judge Justice Ahmadi Asnawi Friday set the date to deliver his decision after hearing submissions by both parties.
Dr Ling's lead counsel Wong Kian Kheong argued that the prosecution had failed to prove the charges against his client beyond all reasonable doubt.
Wong submitted that when the Cabinet decided to give its consent to the Port Klang Authority to purchase the land from Kuala Dimensi Sdn Bhd (KDSB), the ministers knew the value of RM25 psf did not include the total amount of interest payable.
He said the Cabinet ministers knew that additional interest of 7.5% would be payable over and above RM25psf.
He submitted that five Cabinet ministers, including former Prime Minister Tun Dr Mahathir Mohamad, had testified that they were not deceived by Dr Ling over the land price and did not lodge any police report against him.
Wong said Dr Mahathir and former Cabinet ministers Tan Sri Abdul Kadir Sheikh Fadzir and Tan Sri Dr Fong Chan Onn had categorically denied that they were cheated by Dr Ling.
Wong said that Dr Mahathir, who was also former Finance Minister and Special Functions Minister, had actual knowledge of Government's valuation of the land and was able to explain the matter.
"Can anybody override Tun Dr Mahathir?," he asked.
He argued that Dr Ling was never involved in the negotitation process for the purchase of the land.
He submitted that Dr Ling did not have any dealing or contact with KDSB, its directors or shareholders.
He said Dr Ling did not personally prepare any note or memorandum to the Cabinet in relation to the purchase of the land.
"He had always directed his officers to follow the valuation by the JPPH (Valuation and Property Services department). The Cabinet is not bound to follow the JPPH. The Government can choose in national interest not to follow JPPH.
"There was no guilty knowledge, intention or dishonesty on the part of Dr Ling in respect of the land," he said.
Besides that, he argued that Dr Ling had also been deprived of his constitutional right to a fair trial.
"Dr Ling was only charged on July 29, 2010, a period of more than seven years after the Cabinet decided to purchase the land on Nov 6, 2002," he said.
Wong said due to such inordinate delay in Dr Ling's prosecution, the defence had suffered irreparable prejudice as a former government valuer's calculations and works sheets in respect of JPPH's letter and enclosures over the land could not be found.
"Dr Ling was not able to recall many matters when he testified," he said.
He said two prosecution witnesses - Tun Dr Lim Keng Yaik and Tan Sri Ali Abul Hassan - offered to the defence passed away before they could testify in court.
Wong argued that evidence from expert witnesses - Datuk Mani Usilappan, Mok Chew Yin, Sajjad Ahmad Akhtar and Dr Fong - had clearly showed that the value of RM25 psf as stated in JPPH's letter could not include the total amount of interest payable.
Wong submitted that the trial judge was duty bound to consider afresh the totality of evidence adduced before him.
He said the defence had succeeded in raising reasonable doubt in the case and the benefit should be given to Dr Ling.
"There is no documentary evidence implicating my client to cheating charges. No witnesses have testified that they were cheated by him," he said, urging the court to acquit Dr Ling.
Deputy public prosecutor Manoj Kurup, however, argued that the defence of Dr Ling was one of bare denial - the master blaming his civil servants.
"The accused cannot claim he knew nothing about pricing and figures. The court should not accept that kind of defence," he said, asking the court to convict him.
Dr Ling, 70, gave sworn evidence after he was ordered to enter his defence on March 9 last year.
He was alleged to have deceived the Government by not revealing to the Cabinet an additional interest rate of 7.5% annually in the RM1.088bil (at RM25psf) purchase of the land for the PKFZ project, at the Prime Minister’s Office in Putrajaya between Sept 25, 2002 and Nov 6, 2002.
Dr Ling also claimed trial to two alternative charges of cheating, which carry a lesser penalty.