KUALA LUMPUR: The anti-graft investigating officer that handled the Penang undersea tunnel case involving Lim Guan Eng rejected a suggestion that his probe was flawed, the court heard.
During a day-long cross-examination at the Sessions Court here, Malaysian Anti-Corruption Commission (MACC) investigating officer Zulhilmi Ramli disagreed when lead defence counsel Haijan Omar suggested the probe was biased and intended to implicate the former Penang chief minister.
The exchange came after Haijan questioned the witness over his handling of claims relating to the feasibility study and detailed design (FSDD) for the undersea tunnel project.
Haijan suggested that Zulhilmi had relied on the account of key prosecution witness Datuk Zarul Ahmad Mohd Zulkifli without independently verifying supporting documents and payment claims relating to the project’s FSDD.
“You relied solely on Datuk Zarul’s statements without checking the allegations relating to this case,” Haijan said.
“I disagree,” Zulhilmi replied.
Haijan also questioned whether Zulhilmi had verified if claims had been submitted and payments made for the project.
He further suggested that about RM90mil allocated under the project’s first phase was meant for the undersea tunnel FSDD and that the work had been completed but remained unpaid.
“I put it to you that the company CZBUCG suffered losses of about RM90mil because the FSDD work was carried out but payment was never made,” Haijan said.
“I disagree,” Zulhilmi replied.
The defence also referred to agreements between the late Datuk Ewe Swee Kheng’s company and Consortium Zenith BUCG Sdn Bhd (CZBUCG).
Ewe, the founder of property developer Ewein Bhd who died in 2021 before he could testify in the trial, had entered into the agreements with the consortium, which was awarded the RM6.34bil Penang undersea tunnel project in 2013.
CZBUCG comprised Beijing Urban Construction Group (BUCG) and several other companies.
Another defence counsel, RSN Rayer, also questioned the witness.
He focused on four earlier MACC investigation papers opened before Zulhilmi was officially appointed investigating officer on June 1, 2020.
Rayer asked why earlier investigations, despite recording statements from key figures including Zarul Ahmad, Ewe and businessman Datuk Seri G. Gnanaraja, had not resulted in sufficient evidence to charge Lim.
“There was previously insufficient evidence to prosecute him. After you took over, sufficient evidence suddenly emerged,” Rayer said.
Zulhilmi disagreed, maintaining that while there had previously been insufficient evidence to prosecute Lim, sufficient evidence was later obtained after he became the investigating officer.
When questioned about the earlier investigation papers, Zulhilmi said although the old investigation files had been disposed of, he had reviewed soft copies of witness statements before recording further statements as part of his 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.
The hearing before judge Azura Alwi resumes on Aug 7.
