GEORGE TOWN: Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon have filed motions at the High Court here to declare Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act unconstitutional.
The section states that the defence statement and documents to be tendered as evidence in a trial, must be delivered before the start of the case.
Phang, 44, filed the motion through her lawyer Datuk V. Sithambaram two days ago, while Lim filed the motion, through his counsel Gobind Singh Deo yesterday.
Phang’s motion was fixed for hearing by the High Court yesterday, but Gobind told the court that he was filing Lim’s motion on the same issue. Justice Hadhariah Syed Ismail then fixed Feb 7 to hear both motions.
The court had originally fixed yesterday for the case management of Lim’s and Phang’s joint trial on corruption and abetment charges.
On June 30, last year, Lim was charged with obtaining gratification for himself and his wife Betty Chew by approving the conversion of two lots of agricultural land belonging to Magnificent Emblem into residential development while chairing a state Planning Committee meeting on July 18, 2014.
The offence under Section 23 of the Malaysian Anti-Corruption Commission Act, carries a jail term of up to 20 years and a fine of at least five times the value of gratification or RM10,000, whichever is higher.
He faces another charge under Section 165 of the Penal Code for using his position to obtain gratification by purchasing his bungalow in Pinhorn Road from Phang at RM2.8mil, below the market value of RM4.27mil, on July 28, 2015. The offence is punishable by a maximum of two years in jail or a fine, or both.
Phang, who is charged with abetment, faces up to two years in jail or a fine, or both.
Both Lim and Phang have pleaded not guilty. Their cases will be jointly heard.
Hadhariah said yesterday the court would not postpone the dates of the Lim’s 34-day corruption trial between March and July.