KUALA LUMPUR: The Sessions Court has allowed the prosecution to amend a corruption charge against former Penang chief minister Lim Guan Eng in the undersea tunnel project case, ruling that the change does not prejudice the defence.
Judge Azura Alwi said removing the word "terima" from the first charge was necessary to ensure compliance with Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009, which centres on gratification rather than the act of receiving or soliciting.
She said that although the application was made at a late stage of the prosecution's case, it would not cause injustice, noting that both parties may apply to recall witnesses under the Criminal Procedure Code.
Following the amendment, the charge alleges that Lim abused his position as Penang chief minister to obtain RM3.3mil in gratification to assist businessman Datuk Zarul Ahmad Mohd Zulkifli in securing projects linked to the RM6.34bil undersea tunnel and roads plan between 2011 and 2017.
Lim, who faces four corruption charges, maintained his not-guilty plea after the amended charge was read out.
Defence counsel Ramkarpal Singh, supported by RSN Rayer, asked for time to reassess the defence strategy, saying the amendment was significant and required fresh instructions, including whether to recall witnesses.
They also raised the late disclosure of an 82-page statement recorded under the Malaysian Anti-Corruption Commission Act from a civil case involving prosecution witness businessman G. Gnanaraja, saying it was critical to the defence and could affect Lim's right to a fair trial.
The statement related to allegations raised earlier during cross-examination that Gnanaraja had deceived a group of investors.
Gnanaraja said the matter was settled out of court after he made police reports and was instructed to return the money, which he did.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin said the amendment was made to align the charge with the law and maintained that the prosecution had acted in accordance with procedure.
The court granted the defence time to review the developments, with the trial to resume on May 14.
Lim, 65, faces an amended charge of using his position as Penang chief minister to obtain RM3.3mil in gratification to help Zarul secure the 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 January 2011 and August 2017.
In a second amended charge, Lim is accused of using his position to obtain a 10% profit from the project as gratification, allegedly committed near The Gardens Hotel in Mid Valley City in March 2011.
He also faces two additional charges of causing two plots of Penang government land, valued at RM208.8mil, to be disposed of to companies linked to the project.
