PUTRAJAYA: The Court of Appeal has cleared the way for former Penang chief minister Lim Guan Eng, his wife Betty Chew and businesswoman Phang Li Koon to stand trial on corruption and money laundering charges linked to a RM11.6mil workers’ hostel project.
A three-judge panel led by Justice Azman Abdullah, unanimously rejected the trio’s appeal to have their charges struck out on grounds that double jeopardy did not occur in the case.
Justices Noorin Badaruddin and Mohd Radzi Abdul Hamid are the other members of the panel.
On May 26, 2023, Lim, Chew and Phang filed an application to strike out the corruption and money laundering charges on the grounds that the prosecution used evidence from a previous case involving Lim’s purchase of a bungalow on Jalan Pinhorn, even though he was acquitted in 2018.
The Penang High Court dismissed the application on May 3, 2024, as it did not pass the threshold required for the rule against double jeopardy.
Justice Noorin, who read the judgment yesterday, said the second proceedings against the three did not amount to a second prosecution of the same offence within the meaning of Article 7(2) of the Federal Constitution or Section 302 of the Criminal Procedure Code.
Article 7(2) deals with the protection of individuals from double jeopardy while Section 302 states that a person once convicted or acquitted cannot be tried again for the same offence.
“The offences in the present proceedings are distinct in law and in fact from those before the subject matter of the earlier prosecution,” she said here yesterday.
Justice Noorin said the constitutional prohibition was directed against a second trial of the same offence, not against a second trial arising from the same investigation.
Although Lim was acquitted and discharged after the prosecution withdrew the earlier charges, the judge said there were no judicial determination on issues relating to the workers’ hostel project, payments allegedly made through Excel Property Management & Consultancy Sdn Bhd, or monies allegedly received by Chew.
The appellate court did acknowledge concerns raised by the appellants regarding fairness as Lim had undergone a lengthy criminal trial involving 25 witnesses before facing fresh charges arising from the same MACC investigation.
Lim is accused of using his position as the then chief minister to receive a RM372,009 bribe for Chew through Excel Property Management & Consultancy Sdn Bhd.
He is accused of committing the offence by ensuring Magnificent Emblem Sdn Bhd was awarded the Invitation to Propose a Workers’ Settlement on Lot 631, Mukim 13, Juru, Seberang Perai Tengah, and part of Lot 282, Mukim 13, Batu Kawan, Seberang Perai Selatan in Penang, valued at RM11,610,000, in which Chew had an indirect interest.
Lim allegedly committed the offence between Aug 19, 2013, and March 3, 2016, at the Chief Minister’s office at Komtar in George Town, Penang.
Phang is accused of conspiring to commit the offence with Lim at the same place and date.
Chew is facing three money laundering charges involving receiving RM372,009 from Excel Property Management & Consultancy Sdn Bhd, which was credited into her Public Bank Bhd account between Oct 7, 2013 and March 3, 2016, at a bank in Taman Melaka Raya, Melaka.
