KUALA LUMPUR: The Penang undersea tunnel project was a "land scam" to deceive the public, the Sessions Court here heard.
Malaysian Anti-Corruption Commission (MACC) official Zulhilmi Ramli, an investigation officer of the case at the time, revealed in court that then Penang chief minister Lim Guan Eng's actions from the onset were not transparent, contradicting his claims of an open tender process.
"Lim had abused his position and gave the upper hand to Consortium Zenith BUCG Sdn Bhd (BUCG), owned by Datuk Zarul Ahmad Mohd Zulkifli, to secure the project, bypassing standard procedures.
ALSO READ: Undersea tunnel case: I didn't strike a deal with MACC to implicate Lim, says witness
"Lim also solicited bribes and misused state assets under the guise of the project, dishonestly disposing of two plots of state land.
"The project served as a facade to mask the real intent of a land scam," he said when reading his witness statement in court on Tuesday (Oct 14).
During his testimony, Zulhilmi detailed how Lim had quickly decided to appoint BUCG due to personal interests.
"Lim was not transparent. He showed a clear intention to award the project directly to BUCG," he said.
He cited evidence, including conversations with former Penang public works exco Datuk Lim Hock Seng, indicating that Lim had a vested interest and had recommended BUCG for the project.
"Hock Seng told us that YB Guan Eng had asked him to call Zarul Ahmad after an exco meeting on Jan 26, 2011, to move forward with the project," he said.
ALSO READ: ‘I had to get things done for Guan Eng’
Zulhilmi also described a meeting in March 2011 where Lim Guan Eng allegedly requested 10% of the project profits from Zarul Ahmad, to which the latter agreed.
He also insisted that his investigation was not biased, and his findings were based on a thorough review of all witness testimonies.
He noted that additional investigations showed Lim's claim of an open tender process was to validate the prior decision to favour BUCG.
However, Lim's counsel Ramkarpal Singh and RSN Rayer objected to Zulhilmi's statement, saying it contained opinions rather than factual evidence.
Ramkarpal also requested the removal of several paragraphs, claiming the witness overstepped his role as a witness.
ALSO READ: I told superiors about money allegedly given to Guan Eng, MACC officer tells court
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin argued that the basis of the witness' conclusions was based on his investigations and testimonies.
Judge Azura Alwi reserved her ruling on the objection and allowed the statement to be read for now.
Lim, 64, is facing an amended charge of using his position as 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 land worth RM208.8mil, belonging to the Penang government, to be disposed of to two companies linked to the project.
The trial continues on Wednesday (Oct 15).
