KUALA LUMPUR: The prosecution in the Penang undersea tunnel corruption trial has applied to amend a charge against Lim Guan Eng by removing the word "receive".
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin told the Sessions Court the amendment was to comply with Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.
He said the offence does not hinge on receiving or soliciting but on the corrupt act itself.
"The amendment is to meet legal requirements. It relates to the purpose of receiving gratification, and I believe there is no prejudice," he said on Monday (April 20).
Wan Shaharuddin noted the amount stated in the charge remains RM3.3mil and maintained that the defence could still argue the accused did not receive the money.
The defence objected, with lead counsel Haijan Omar stating the matter was not as simple as it seemed.
Lawyer Ramkarpal Singh said the word "receive" was a key element and removing it after six years of trial would be prejudicial.
"When the prosecution removes that element, it raises questions as to whether the defence we have mounted remains relevant," he said.
He added the defence had raised doubts over the element of receiving and challenged the credibility of witnesses throughout the proceedings.
Sessions Court judge Azura Alwi allowed a request for time to prepare legal submissions and fixed Tuesday (April 21) for the hearing.
Proceedings continued with the cross-examination of businessman G. Gnanaraja.
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 RM6.34bil undersea tunnel project.
The offence was allegedly committed at the Penang Chief Minister's Office in Komtar between January 2011 and August 2017.
He is also accused of soliciting a 10% profit from the company near The Gardens Hotel in Mid Valley City in March 2011.
Lim also faces two charges of causing two plots of state government land, worth RM208.8mil, to be disposed of to companies linked to the project.
