KUALA LUMPUR: A graftbuster told the Sessions Court here in the corruption trial involving former Penang chief minister Lim Guan Eng that their efforts in charging a businessman were "not in vain" despite the charges having to be changed and reduced later.
Malaysian Anti-Corruption Commission (MACC) investigating officer Ng Heng Jun, who was called to the stand yesterday as the 36th prosecution witness, said the pursuit of justice was meaningful despite the challenges faced during the investigation.
Ng was in charge of a cheating case involving former Consortium Zenith Construction Sdn Bhd (CZCSB) director Datuk Zarul Ahmad Mohd Zulkifli and businessman G. Gnanaraja in Shah Alam.
In the 2019 case, Zarul Ahmad, who is the star prosecution witness in Lim's corruption trial involving the Penang undersea tunnel project, sued Gnanaraja for cheating him of RM19mil as an inducement to help him drop money laundering charges.
However, Gnanaraja pleaded guilty to an alternative charge under the Companies Act 2016 and was fined RM230,000, while the cheating case has since been classified as "no further action".
Previously, a 108-page statement by Zarul Ahmad to the MACC, which was recorded for the Shah Alam case, was allowed in the court to impeach Zarul Ahmad's credibility for making conflicting statements involving Gnanaraja.
During the cross-examination led by lead defence lawyer Haijan Omar, Ng was questioned extensively about the Shah Alam case charges and the investigation process.
Haijan: You recommended the charges, all 68 under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act, and three under Section 420 of the Penal Code, correct?
Ng: Yes.
Haijan: You took time to prepare your charges and documents, up to more than a year, correct?
Ng: Yes.
Haijan: The investigation was conducted, and you were convinced a crime was committed?
Ng: Yes.
Haijan: The investigation you did revealed that they were serious crimes, correct?
Ng: Yes.
Haijan: They can lead to fines and imprisonment?
Ng: Yes.
Haijan: Assets belonging to Gnanaraja were seized by the court, correct?
Ng: Yes.
Haijan: However, the investigation you did after more than a year turned out to be in vain. Agree?
Ng: Not really. The investigation was not in vain because Gnanaraja paid a fine of RM230,000 to the government.
Haijan: But do you agree that the alternative charge was minor compared to the original charges?
Ng: I disagree.
Haijan had also questioned the prosecution’s strategy, questioning why Gnanaraja was offered a reduced charge.
Ng said the decision followed amendments made by Zarul Ahmad to his witness statement in 2019.
He said that in Zarul Ahmad's initial testimony, the latter claimed the funds paid to Gnanaraja were derived from a cheque.
However, Zarul Ahmad later corrected his statement, saying that the funds came from loans obtained through his own company and cash reserves kept at his office.
Ng noted that these changes rendered the evidence "insufficient to proceed with the cheating charges", prompting the prosecution to alter their approach and proffer an alternative charge.
Tiara Katrina Fuad, another member of Lim's defence team, then questioned Ng on whether Zarul Ahmad’s changed testimony affected his credibility as a witness.
Ng refuted the suggestion, saying that the decision to proffer the alternative charge came from the case's deputy public prosecutor, and was not a reflection of Zarul’s credibility.
Lim, 64, 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 RM6.34bil.
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 10% profit from the company as gratification to secure the project.
The offence was allegedly committed near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City here in March 2011.
Lim, who is Bagan MP, faces two further charges of causing two plots of Penang state land worth RM208.8mil to be disposed of to two companies linked to the project.
The trial before judge Azura Alwi continues today.
