KUALA LUMPUR: The RM6.3bil Penang undersea tunnel project was nothing more than a “land scam” to deceive the public, the Sessions Court heard.
Testifying in the ongoing corruption trial of former Penang chief minister Lim Guan Eng, the Malaysian Anti-Corruption Commission’s (MACC) Zulhilmi Ramli, who was investigating officer of the case, said Guan Eng’s actions from the onset were not transparent, contradicting his claims of an open tender process.
“Guan Eng 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.
“He 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 in his witness statement in court yesterday.
Zulhilmi also detailed how Guan Eng rapidly decided to appoint BUCG due to personal interests.
“Guan Eng was not transparent. He showed a clear intention to award the project directly to BUCG,” he said.
He cited evidence from his investigations, including questioning former Penang public works exco Lim Hock Seng, which showed that Guan Eng had a vested interest and recommended BUCG for the project.
“Hock Seng told us that 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.
Zulhilmi also testified about a meeting in March 2011 when Guan Eng allegedly requested 10% of the project profits from Zarul Ahmad, which the latter agreed.
He said further investigations showed that Guan Eng’s claim of an open tender process was to validate the prior decision to favour BUCG.
Zulhilmi maintained that his investigation was not “biased” against Guan Eng, stating that his findings were based on a thorough review of all witness accounts.
Guan Eng’s counsel Ramkarpal Singh and RSN Rayer objected to Zulhilmi’s statement, saying it contained opinions rather than factual evidence.
Ramkarpal requested the removal of several paragraphs, claiming Zulhilmi overstepped his role as a witness.
DPP Datuk Wan Shaharuddin Wan Ladin argued that the basis of Zulhilmi’s conclusions were grounded on his investigations and testimonies.
Judge Azura Alwi reserved her ruling on the objection and allowed the statement to be read for now.
Guan Eng, 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 secure the undersea tunnel project worth RM6.34bil.
He allegedly committed the offence at the Penang Chief Minister’s Office in Komtar between January 2011 and August 2017.
In the second amended charge, Guan Eng is accused of soliciting a 10% profit from the company as gratification to secure the project.
The offence was allegedly committed at The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City near here, in March 2011.
Guan Eng, the Air Putih assemblyman 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 with the project.
The trial continues today.
