KUALA LUMPUR: A Malaysian Anti-Corruption Commission (MACC) official has disagreed with the defence's contention that his findings on the transfer of two plots of land under the Penang undersea tunnel project were "completely wrong."
Investigating officer Zulhilmi Ramli told the Sessions Court on Friday (July 24) that Lots 702 and 713 in Tanjung Pinang had been transferred to Consortium Zenith BUCG Sdn Bhd (CZBUCG) as payment for work carried out under the project, even though the feasibility study for the undersea tunnel had yet to be completed.
The testimony came during the corruption trial of former Penang chief minister Lim Guan Eng, who has claimed trial to corruption and misappropriation charges linked to the RM6.3bil Penang undersea tunnel project.
During cross-examination, lead counsel Haijan Omar argued that Zulhilmi's conclusion was "not right at all", contending that the land transfers were carried out in accordance with a preliminary agreement and were intended as payment for feasibility study and preliminary design works already completed by CZBUCG.
CZBUCG, the consortium awarded the Penang undersea tunnel project, comprises Beijing Urban Construction Group (BUCG) and several other companies.
Earlier in the trial, former Penang executive councillor Datuk Lim Hock Seng, the prosecution's third witness, testified that the Penang government transferred Lots 702 and 713 to CZBUCG as partial payment for feasibility study and preliminary design works completed under the project.
The land was subsequently developed by Ewein Zenith Sdn Bhd, a subsidiary of Ewein Group, into the City of Dreams serviced apartment project.
Separately, Zulhilmi acknowledged that he was unsure of the detailed methodology used to arrive at the value of about RM135mil for Lot 702 under the preliminary agreement, including the basis for calculating its net developable area.
He agreed with Haijan that, under the preliminary agreement, the value of Lot 702 was calculated not by its total land area but by the agreed price per square foot and its net developable area.
Haijan argued that the method used to arrive at the RM135mil valuation was an important aspect of the investigation, as it related to whether the land had been reasonably valued and whether the state government had suffered losses through the land swap.
Zulhilmi agreed that the valuation method for Lot 702 was an important aspect of the investigation.
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.
