KUALA LUMPUR: A key prosecution witness in the corruption trial involving Lim Guan Eng has told the Sessions Court that the term "big boss" was a reference used for more than one person.
Consortium Zenith Construction Sdn Bhd executive director Datuk Zarul Ahmad Mohd Zulkifli said that the term was used to refer to Lim as well as former prime minister Datuk Seri Najib Razak in WhatsApp exchanges between him and businessman G. Gnanaraja.
"I use the reference for other people also," he said when testifying in an impeachment hearing as part of the ongoing trial involving the Penang undersea tunnel and road project.
Lim's lead counsel, Haijan Omar, referred Zarul Ahmad to his WhatsApp exchange with Gnanaraja on Aug 17, 2017, in which the 23rd prosecution witness disagreed that "big boss" exclusively referred to Najib.
Last October, Zarul Ahmad testified that RM4mil was given to Gnanaraja, of which RM2mil was withdrawn from his company account to be given to Najib and the remaining RM2mil was taken out from his safe to be given to Lim.
He claimed that the money for Najib was to obtain the former premier's help to stop the Malaysian Anti-Corruption Commission (MACC) investigation into his company and potentially be awarded future projects.
He also said that the RM2mil for Lim—which he termed "chocolate"—was part of a bribe to the former Penang chief minister to award the project to his company.
Judge Azura Alwi had allowed the impeachment proceedings against Zarul Ahmad on Jan 9, following his conflicting statements in the current trial and a previous Shah Alam case involving Gnanaraja in 2019.
The defence team had disputed Zarul Ahmad's claim that the RM2mil was meant for Lim, noting that the witness had previously stated in the Shah Alam Sessions Court that the money was only meant for Najib.
According to the prosecution, Zarul Ahmad later "rectified" his statement to MACC regarding the Shah Alam case.
In his testimony on Monday, Zarul Ahmad responded to a question from Lim's counsel RSN Rayer, and said that the term "big boss" referred to Najib in his message exchange with Gnanaraja on July 23, 2017.
Zarul Ahmad also voiced dissatisfaction that he had been testifying for over a year and was being asked the same questions.
"I am trying to tell the truth and have been giving the same answers.
"The cross-examination over my impeachment is testing my patience. Also, I am not well," he said, referring to his pancreatic cancer.
Azura advised Zarul Ahmad to be patient and answer the questions.
Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin also objected to the defence's repeated questions for Zarul Ahmad.
He said the questions during impeachment proceedings should be different and focus on the alleged inconsistencies.
Azura agreed and reminded the defence to be more focused at the next proceedings.
The trial resumes on Tuesday (April 2).
Lim, 63, is facing an amended charge of using his position as then-Penang chief minister to solicit RM3.3mil in bribes as an inducement to assist Zarul Ahmad in securing the undersea tunnel project worth RM6,341,383,702.
Lim allegedly committed the offence at the Penang Chief Minister's Office, Level 28, Komtar, George Town, between January 2011 and August 2017.
In the second amended charge, Lim is accused of soliciting a bribe of 10% of the company's profit as gratification for securing the project.
The offence was allegedly committed in March 2011 near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City.
Lim, who is DAP chairman and Bagan MP, faces two further charges of causing two plots of land worth RM208.8mil, belonging to the Penang government, to be disposed of to two companies linked to the state's undersea tunnel project.
