Guan Eng's graft trial set for March 26 - May 25

Phang (left) and Lim.

GEORGE TOWN: The High Court has fixed 23 days from March 26 to May 25 to hear the corruption case against Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon.

Justice Hadariah Syed Ismail made the order following the Federal Court's decision in December last year that overturned a previous Court of Appeal decision on the constitutionality of Section 62 of the Malaysian Anti-Corruption Commission Act 2009.

Section 62 requires accused persons to disclose their defence statements to the prosecution before the beginning of the trial.

Deputy Public Prosecutor Datuk Masri Daud said about 40 prosecution witnesses will be called during the trial.

He added that there would also be an amendment to the charge.

"However, it will not be a major one," he said.

The Court of Appeal had on Aug 17, 2017 ruled that Section 62 was unconstitutional. However, on Dec 14, 2017, a five man-panel of the Federal court unanimously found the Act not to be in contravention of Articles 5(1) and 8(1) of the Federal Constitution, which enshrines the right to a fair trial.

On June 30, 2016, Lim pleaded not guilty to charges of corruption in relation to the conversion of land from agricultural to residential and the purchase of a plot of land and bungalow at below-market value.

Lim was charged with using his position as chief minister to gain gratification for himself and his wife, Betty Chew Gek Cheng, by approving the application for conversion of agriculture land to a public housing zone in southwest Penang to a company, Magnificent Emblem Sdn Bhd.

He allegedly committed the offence while chairing the Penang State Planning Committee meeting at the operations room, Level 28, Komtar building in Penang, on July 18, 2014.

The charge under Section 23 of the MACC Act 2009 provides for imprisonment of up to 20 years and a fine of up to five times the sum or value of the bribe, or RM10,000, whichever is higher, upon conviction.

Lim faces a second charge of allegedly using his position to obtain for himself a plot of land and a bungalow located at No, 25, Jalan Pinhorn, George Town on July 28, 2015 from businesswoman Phang Li Koon for RM2.8mil, below market value.

The charge under Section 165 of the Penal Code provides for a jail term of up to two years or a fine, or both, upon conviction.

Phang pleaded not guilty to abetting Lim in obtaining the bungalow at an undervalued cost.

She allegedly committed the offence at the same place and date.

The charge under Section 109 of the Penal Code read together with Section 165, provides for imprisonment of up to two years or a fine, or both, upon conviction.