Guan Eng's graft trial postponed

GEORGE TOWN: The High Court here has postponed the corruption trial involving Penang Chief Minister Lim Guan Eng (pic) and businesswoman Phang Li Koon pending a hearing by the Court of Appeal to decide if Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act should be declared unconstitutional.

Phang's defence counsel Hisham Teh said that the appeal has been fixed for hearing in Putrajaya on April 27.

"We will update the High Court here on the decision of the Court of Appeal during case management on July 26," he said when met outside the High Court on Tuesday.

Lim was represented by R.S.N. Rayer, while Teh and Rueben Kumar appeared for Phang.

The prosecution was represented by a team led by DPP Datuk Razali Che Ani.

High Court judge Datuk Hadhariah Syed Ismail had earlier fixed July 26 for case management, pending the hearing by the Court of Appeal.

Section 62 of the MACC Act deals with the delivery of the defence's statement.

It states that the defence's statement and documents to be tendered as evidence must be delivered before the commencement of the trial.

Lim and Phang want Section 62 to be declared unconstitutional as they claim it is against the tenet of "innocent unless proven guilty".

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.

Lim faces another charge for allegedly 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.

Phang is charged with abetment.

Both Lim and Phang have pleaded not guilty.