KUALA LUMPUR: A dispute over a proposed amendment to one of the charges took centre stage in the corruption trial of former Penang chief minister Lim Guan Eng.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin told the Sessions Court that the amendment involves removing the word “receive” from the charge, describing it as necessary to comply with the law.
He said that under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act, the offence does not hinge on the act of “receiving” or “soliciting”, but rather on the corrupt conduct 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 yesterday, adding that the sum of RM3.3mil in the charge remains unchanged.
Wan Shaharuddin maintained that the defence would not be affected, as it could still argue that the accused did not receive the money.
However, the defence objected, saying that the proposed change, though seemingly minor, goes to the heart of the case.
Lead counsel Haijan Omar said the matter is “not as simple as it seems”, while fellow counsel Ramkarpal Singh stressed that the word “receive” is a key element of the charge.
“When the prosecution removes that element, it raises questions as to whether the defence we have mounted remains relevant because the prosecution must prove the elements stated in the charge,” said Ramkarpal.
He said the defence had consistently challenged the element of “receiving” during the trial, including in testing the credibility of witnesses.
“To now remove that element at such a late stage, after six years of trial, would be prejudicial to the defence as it affects our entire line of defence,” he added.
Fellow counsel RSN Rayer asked for time to prepare legal submissions, stressing that the request is not intended to delay proceedings but to assist the court.
Sessions Court judge Azura Alwi allowed the request and set today to hear submissions from both parties.
Proceedings then continued with the cross-examination of businessman G. Gnanaraja over his witness statement.
Azura also reminded the defence not to repeat similar questions, noting that the court had already heard them earlier.
Lim, 65, faces an amended charge of using his position as Penang chief minister to solicit RM3.3mil in bribes to assist businessman Datuk Zarul Ahmad Mohd Zulkifli in securing the Penang undersea tunnel project valued at RM6.34bil.
The offence was allegedly committed at the Penang Chief Minister’s Office, Level 28, Komtar, George Town, between Jan 2011 and Aug 2017.
