KUALA LUMPUR: A key prosecution witness in the corruption trial involving former Penang chief minister Lim Guan Eng expressed his reluctance to testify, citing concerns for his safety.
Businessman Datuk Seri G. Gnanaraja, who was allegedly attacked and robbed recently at his home, told the Sessions Court that he felt "threatened and traumatised," that he was unable to continue to testify in court.
Gnanaraja, who was called to the stand as the 37th prosecution witness, stated his apprehensions when he was supposed to continue reading his witness statement.
"I am not here to accuse anyone, but I am not okay to give my statement because I feel threatened.
"I request protection first... I want to ensure my safety from the police," he said here on Tuesday (Aug 19).
On Aug 6, the key prosecution witness was attacked by a group of men at his home in Petaling Jaya and sustained various injuries.
Petaling Jaya OCPD Asst Comm Shahrulnizam Ja'afar confirmed the incident.
During his brief time on the stand, Gnanaraja addressed questions about his Datuk Seri title, which had been reinstated by the Pahang Palace after his acquittal in a separate court case in Shah Alam.
"Many media are not aware that I got back everything that was seized from me," he said.
Gnanaraja also produced the court order about the reinstatement of his title.
After a brief questioning where Gnanaraja related his ordeal during the attack, followed by a subsequent break, Deputy Public Prosecutor Mahadi Abdul Jumaat, however, informed the court that his client was not "mentally ready" to continue with his testimony.
The court adjourned to allow Gnanaraja time to regain his composure.
Earlier, defence lawyer RSN Rayer raised concerns about the prosecution's statements made to the media about the attack, referring to them as a serious matter of contempt.
Another defence lawyer, Ramkarpal Singh, also urged the prosecution to clarify whether witness protection would be sought in this trial.
"It's crucial for our client's rights that the prosecution states their stand," Rayer said, emphasising the need for transparency and fairness.
In response, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin clarified his previous comments, which he claimed were "taken out of context."
"I did not say the prosecution has a 99% chance to win. I spoke about the necessity of having 99% evidence for success," he said, dismissing the allegations as misinterpretations.
Highlighting that he only replied to the media's questions, Wan Shaharuddin acknowledged being asked about witness protection for Gnanaraja and mentioned consulting with Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Azam Baki.
He insisted that his comments had never linked the attack to this case and urged proper procedures for any action against him.
Ramkarpal also questioned Wan Shaharuddin's need to consult Azam, suggesting it implied a connection between his client and the robbery.
The session saw heated exchanges between the defence lawyers and the prosecution.
Judge Azura Alwi said it was not fair for the court to make any decision, as both sides cited different media reports on the incident.
She encouraged both parties to follow formal procedures for any motions or complaints. After deliberations, it was confirmed that no application for witness protection or recusal would be filed.
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 Datuk Zarul Ahmad Zulkifli, a former director of Consortium Zenith Construction Sdn Bhd, 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 land worth RM208.8mil, belonging to the Penang government, to be disposed of to two companies linked to the project.
The hearing continues on Aug 27 and 28.
