KUALA LUMPUR: Investigation notes recorded by the Malaysian Anti-Corruption Commission’s (MACC) officers before June 2020 reflected insufficient evidence of corruption against Lim Guan Eng, the court heard.
The matter was highlighted during the Sessions Court hearing for the former Penang chief minister’s corruption trial over the Penang undersea tunnel project here yesterday.
During cross-examination, MACC investigating officer Zulhilmi Ramli, the 38th and final prosecution witness, said he joined an MACC task force in early 2020 and was assigned to review witness statements and documents linked to the project following a complaint lodged in 2018.
He said his role at the time was limited to examining existing investigation materials, which he found to be insufficient and requiring further clarification.
Zulhilmi agreed with lead defence counsel Haijan Omar that earlier investigation papers contained internal notes or minutes stating there was “no case” against Lim at the material time and that the matter had previously been classified as “no further action” based on available evidence then.
Haijan: As of June 2020... there was insufficient evidence against Lim Guan Eng.
Zulhilmi: Agree.
The witness also confirmed he only took over as investigating officer in June 2020, and that before his appointment, the case had been handled under different MACC officers across several investigation papers involving the same project.
He said earlier probes into the Penang undersea tunnel project involved multiple investigating officers, including those who had recorded statements from key witnesses such as businessmen Datuk Zarul Ahmad Mohd Zulkifli, G. Gnanaraja, and the late Datuk Ewe Swee Kheng.
Ewe, a developer linked to Lot 702 in the project’s land swap deal, was the 15th prosecution witness but died on Oct 5, 2021, after falling from a Pulau Tikus condominium before he could be called to testify.
Zulhilmi maintained that after taking over the investigation in June 2020, further statements were recorded and additional investigative work was carried out, forming part of the continued probe into the matter.
He disagreed with Haijan’s suggestion that the investigation was solely focused on Lim, saying it covered the broader circumstances of the project.
The witness also told the court he had seen earlier investigation papers containing references to statements and documents, and that some witnesses were later recalled for further clarification as part of ongoing investigations.
During proceedings, Haijan further suggested that certain documents in the earlier investigation files from 2018 to 2020, including internal notes or minutes, were favourable to Lim.
Zulhilmi initially disagreed with the characterisation but agreed that such documents existed in the investigation records, including references indicating no case at the material time.
Haijan: The memo stated there was no case against my client.
Zulhilmi: Agree.
The defence also raised issues over WhatsApp communications involving prosecution witnesses Zarul Ahmad and Gnanaraja, suggesting that only portions of the exchanges had been tendered in court.
Zulhilmi maintained that he had focused on the scope of investigations under his charge.
Haijan also told the court that the defence needed more time to deliberate on recalling witnesses following the amended charge and would file the relevant application later.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin said the prosecution had no objections.
The trial before Sessions Court Judge Azura Alwi continues on June 4 and 5.
Lim, 65, is charged with using his position to obtain RM3.3mil in gratification linked to the project, allegedly committed 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 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.
