Defence calls decision ‘significant’, may recall witnesses after late change
KUALA LUMPUR: The undersea tunnel corruption trial involving former Penang chief minister Lim Guan Eng took a significant turn after the Sessions Court allowed a late-stage amendment to a key charge, prompting the defence to seek time to review its strategy.
Judge Azura Alwi said the removal of the word “terima” (receive) from the first charge was necessary to ensure compliance with Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act, which centres on gratification rather than the act of receiving or soliciting.
She held 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 revised charge alleges that Lim abused his position 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 charges, maintained his not-guilty plea after the amended charge was read out.
Defence counsel Ramkarpal Singh, supported by RSN Rayer, then sought time to reassess their strategy, describing the amendment as “significant” and requiring fresh instructions, including whether to recall witnesses.
They also flagged the late disclosure of an 82-page statement involving key prosecution witness, G. Gnanaraja, as critical to the defence and potentially affecting the right to a fair trial.
The statement relates to a separate civil case previously raised in court where Gnanaraja allegedly duped a group of investors.
Gnanaraja previously testified that the matter had been settled out of court.
Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin said the amendment was to align the charge with the law and maintained that the prosecution had acted in accordance with procedure.
The trial then proceeded with further examination of MACC investigating officer Zulhilmi Ramli, who testified that the alleged RM3.3mil payments were made in stages and in cash, instead of bank transfers.
He said the prosecution’s case relies on statements from Zarul Ahmad and Gnanaraja, supported by other witnesses and evidence, including cash withdrawals and meetings.
Zulhilmi told the court that the accused had largely denied receiving money or having relevant dealings with Zarul in his statements.
He also said the use of cash meant there would be no direct banking trail, adding that it would not be typical for such funds to be deposited into personal accounts.
Ramkarpal objected when the prosecution raised the absence of a money trail, arguing that such conclusions should be determined by the court, not the witness.
Azura fixed May 14 for the next hearing and said the court would consider any applications to recall witnesses arising from the amended charge.
Lim, 65, is charged with using his position to obtain RM3.3mil in gratification linked to the project, allegedly committed at the Penang Chief Minister’s Office in Komtar between January 2011 and August 2017.
He also faces a second charge 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, as well as two charges involving the disposal of Penang government land valued at RM208.8mil to companies linked to the project.
