KUALA LUMPUR: A key prosecution witness in Lim Guan Eng’s undersea tunnel corruption trial, who got irritated during cross-examination, was told by the Sessions Court that defence lawyers have the right to question him.
Businessman G. Gnanaraja said he was unwell and frustrated by what he described as repeated questions from 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 being repeated,” he said after more than two hours on the stand yesterday.
Gnanaraja, the 37th prosecution witness, also requested to adjourn the hearing as his cough was getting worse throughout the cross-examination.
Following his complaint, another defence 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 then intervened, telling Gnanaraja:
“Counsel has the right to cross-examine you. The questions are not repeated as they refer to different recorded statements.”
She also spoke about the case being dragged on, setting a target to conclude the prosecution’s portion of the trial by June.
“This case has been going on for a long time. I have to control this. My target is to finish the prosecution’s case by June, at the latest,” said Azura.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin told the court that the prosecution also wanted the matter concluded as soon as possible.
“We want this case to finish quickly as well. We have already filed our submissions and only need to add a little more,” he said.
He said there is just one more witness – the investigating officer – left to be cross-examined by the defence.
The trial against Lim dates back to charges filed in August 2020 when he was accused of receiving a RM3.3mil bribe related to the RM6.34bil undersea tunnel project.
Over the years, prosecution witnesses have given long testimonies.
Datuk Zarul Ahmad Mohd Zulkifli, managing director of Consortium Zenith BUCG Sdn Bhd, was on the stand for an extensive cross-examination that spanned 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 yesterday, 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.
Ramkarpal suggested that this amounted to seeking a deal in exchange for lighter charges.
“Give me a lighter offence and I’ll give evidence against Lim Guan Eng – that is what you meant in this paragraph?” he asked.
Gnanaraja objected to the word “deal” but acknowledged that he had offered to be a prosecution witness and that alternative charges eventually came about.
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,” Ram said.
“I disagree,” Gnanaraja replied.
The hearing was then adjourned after the judge allowed Gnanaraja to step down for the day.
Lim, 65, is facing an amended charge of using his position as 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 in 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.
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.
