PUTRAJAYA: The Court of Appeal on Wednesday (April 8) has reserved its judgment in the appeal by former chief minister Lim Guan Eng, his wife Betty Chew, and businesswoman Phang Li Koon to strike out their corruption charges involving a foreign workers' hostel project worth RM11.6mil.
A three-member bench, led by Judge Datuk Azman Abdullah, deferred its decision after hearing submissions from Datuk Seri V. Sithambaram acting for Phang, counsel RSN Rayer representing Lim and his wife, and deputy public prosecutor Ashrof Adrin Kamarul.
"We have fixed April 27 for case management to set the date of decision,” said Justice Azman, who sat with judges Datuk Noorin Badaruddin and Datuk Mohd Radzi Abdul Hamid.
On May 3, 2024, the Penang High Court dismissed their application to strike out charges, stating that the doctrine of autrefois acquit or the rule against double jeopardy argued by the defence did not apply as it did not meet the requirement.
On May 26, 2023, Lim, Chew, and Phang filed an application to strike out the corruption and money laundering charges on the grounds that the prosecution used evidence from a previous case involving Lim's purchase of a bungalow on Jalan Pinhorn, even though he was acquitted and discharged in 2018.
Earlier, Sithambaram submitted that it is an abuse of the court's process for the prosecution to file charges based on a series of offences of the same or similar character, which are without dispute connected to the first proceeding (case involving Lim's purchase of a bungalow).
"The present charge against Phang, as well as Lim, in the current proceeding (hostel project) could have been brought by the prosecution in the first proceeding, as the issues, facts and evidence now relied upon by the prosecution formed part of the charge in the first proceeding, which the prosecution had relied upon to prove the alleged offence in the first proceeding.
"The prosecution had in fact made an admission that the present charge in the current proceeding is based on the evidence available against Phang as well as Lim in the first proceeding,” he said.
Meanwhile, Rayer adopts submission by Sithambaram.
Ashrof Adrin said facts in both the proceedings are not the same facts as argued by the appellants, but new facts that have now only been found after investigations were continued after the order of acquittal and discharge granted for the first proceeding in 2016.
"We submit that Section 302 of the Criminal Procedure Code has no application in this situation as the criminal offences in both the first and the current proceedings are based on different facts.
"Even though they are both criminal charges based on the same type of offence provided under the law, namely Section 23 of the MACC (Malaysian Anti-Corruption Commission) Act, and also the fact that the said offences were committed by the same accused persons, namely the appellants, they are still two distinct offences based on the facts therein,” said Ashrof Adrin.
According to the charges, Lim, as a public officer holding the position of Penang Chief Minister and chairman of the Penang Development Corporation tender board, was alleged to have used his position to receive a bribe of RM372,009 for his wife through Excel Property Management & Consultancy Sdn Bhd.
He is accused of committing the offence by acting to ensure Magnificent Emblem Sdn Bhd was awarded the Invitation to Propose a Workers' Settlement on Lot 631, Mukim 13, Juru, Seberang Perai Tengah and part of Lot 282, Mukim 13, Batu Kawan, Seberang Perai Selatan in Penang, valued at RM11,610,000, in which Chew had an indirect interest.
Lim, who is the Bagan Member of Parliament, allegedly committed the offence between Aug 19, 2013, and March 3, 2016, at the Chief Minister's Office, Level 28, Komtar in George Town, Penang.
He was charged under Section 23(1) of the MACC Act 2009, which carries a maximum prison sentence of 20 years and a fine of not less than five times the value of the gratification or RM10,000, whichever is higher, upon conviction.
Phang, on the other hand, was charged with allegedly conspiring to commit the offence with Lim at the same place and date.
Chew is facing three money laundering charges for allegedly receiving RM372,009 from Excel Property Management & Consultancy Sdn Bhd, which was credited into her Public Bank Berhad account.
She is accused of committing the offences between Oct 7, 2013 and Aug 4, 2014; between Sept 3, 2014 and Aug 11, 2015; and between Sept 4, 2015 and March 3, 2016, at Public Bank Berhad, Taman Melaka Raya Branch, Melaka.
The charges were framed under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001, which is punishable by a fine not exceeding RM5mil or imprisonment of up to five years, or both, upon conviction.
Their corruption case has not started at the Penang High Court. — Bernama
