GEORGE TOWN: Chief Minister Lim Guan Eng and businesswoman Phang Li Koon’s appeal against a High Court decision to dismiss their application to have Section 62 of the Malaysian Anti-Corruption Commis-sion Act declared unconstitutional will be heard tomorrow.
Phang’s lawyer Hisham Teh told reporters after the mention of the corruption case against his client and Lim at the High Court here yesterday that the appeal will be heard at the Court of Appeal in Putrajaya.
High Court judge Justice Hadhariah Syed Ismail earlier fixed July 26 for case management pending the Court of Appeal hearing.
On March 7, Justice Hadhariah dismissed Lim and Phang’s application to have Section 62 declared unconstitutional.
Section 62 states that the defence’s statement and documents to be tendered as evidence must be delivered before the start of the trial.
Lim and Phang claim Section 62 is against the tenet of “considered innocent unless proven guilty”.
In her March 7 judgment, Justice Hadhariah said the section did not impede the rights of the accused to a fair trial.
“The burden of proof remains on the prosecution to prove the case beyond reasonable doubt. Section 62 only asks that the accused disclose their defence before the trial starts. The purpose is to expedite the trial,” she had said in her ruling.
Lim is charged with obtaining gratification for himself and his wife Betty Chew by approving in 2014 the conversion of two lots of agricultural land belonging to Magnificent Emblem to residential development.
He faces another charge for using his position to obtain gratification by purchasing his bungalow in Pinhorn Road here from Phang in 2015 at RM2.8mil, below the market value of RM4.27mil.
Phang is charged with abetment.
Both Lim and Phang claimed trial.