KUALA LUMPUR: A key prosecution witness in Lim Guan Eng’s undersea tunnel corruption trial was reminded by the Sessions Court that defence lawyers have the right to question him, after he complained of feeling “irritated” during cross-examination.
Businessman G. Gnanaraja, the 37th prosecution witness, told the court he was unwell and frustrated by what he described as repeated questions from defence counsel Tiara Katrina Fuad.
“I am not well... I have a bad cough and fever. I thought there would be new questions, but it’s the same thing repeated,” he said after more than two hours on the stand on Tuesday (March 3).
Gnanaraja had earlier requested an adjournment, saying his cough was worsening throughout the cross-examination.
Following the complaint, fellow counsel Ramkarpal Singh said it was time “the court takes control of proceedings, not the witness.”
“I think it’s only best that the court tells him that he is a witness and what that means,” he said.
Sessions Court judge Azura Alwi intervened, telling Gnanaraja that counsel was entitled to test his evidence.
“Counsel has the right to cross-examine you. The questions are not repeated as they refer to different recorded statements,” she said.
She also signalled her impatience with the length of the case, setting a target to conclude the prosecution’s portion of the trial by June.
“This case has been going on for a long time and has dragged on… I have to control this case.
“My target is to finish the prosecution’s case by June, at the latest,” said Azura, adding that Gnanaraja should bring a medical certificate to the next hearing.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin told the court that the prosecution also wanted the matter concluded as soon as possible.
“There is only this witness (Gnanaraja) and one more witness, the investigating officer, left to be cross-examined by the defence.
“Actually, we also want this case to finish quickly. We have already filed our submissions and only need to add a little more,” he said.
The trial against Lim, the former Penang chief minister who is facing multiple bribery and abuse-of-power charges linked to the Penang undersea tunnel project, dates back to charges filed in August 2020, when he was accused of receiving a RM3.3mil bribe related to the RM6.34bil project.
Over the years, prosecution witnesses, including Datuk Zarul Ahmad Mohd Zulkifli have given extensive testimony.
Zarul Ahmad, managing director of Consortium Zenith BUCG Sdn Bhd (CZBUCG) – a consortium comprising several companies that secured the project – was on the stand for an extensive cross-examination that spanned about three years.
Once the prosecution rests, the court will decide whether there is a prima facie case requiring Lim to enter his defence, a pivotal next step in the long-running trial.
Earlier in the day, Ramkarpal pressed Gnanaraja over an affidavit he filed in July 2021 in separate civil proceedings involving his former lawyers, who had sued him for RM5mil in legal fees.
Ramkarpal pointed to a paragraph in the affidavit in which Gnanaraja stated that he had, on his “own initiative”, offered to be a prosecution witness in another case, leading to alternative charges being preferred against him under the Companies Act in Shah Alam.
“Give me a lighter offence and I’ll give evidence against Lim Guan Eng – that is what you meant in this paragraph, didn’t you?” said Ramkarpal.
Gnanaraja disagreed, saying the word “deal” was inaccurate but acknowledging that he had offered to be a prosecution witness and that alternative charges were eventually brought.
Ramkarpal further suggested that Gnanaraja had an interest in testifying against Lim because he had sought those alternative charges.
“That is the reason you are giving false evidence in this court today,” Ramkarpal said.
“I disagree,” Gnanaraja replied.
Later, Tiara referred him to multiple statements given by Zarul to the Malaysian Anti-Corruption Commission (MACC), in which Zarul allegedly said the RM19mil was paid because he feared investigations under the Anti-Money Laundering Act (AMLA) and that Gnanaraja had represented that he could help resolve the matter through his connections.
Gnanaraja disagreed with those assertions and maintained that Zarul’s sworn statements on the purpose of the payments were not true.
Pressed further, he confirmed he did not dispute receiving the RM19mil, but took issue with the alleged purpose of the payments.
The hearing was then adjourned after the judge allowed Gnanaraja to step down for the day.
Lim, 65, faces an amended charge of using his position as Penang chief minister to solicit RM3.3mil in bribes to help Zarul Ahmad secure 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 a 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, in March 2011.
Lim 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 resumes on April 20 and 21.
Court, corruption, Penang undersea tunnel, project, Lim Guan Eng, G. Gnanaraja, witness, friendly loan.
