KUALA LUMPUR: After more than five years of proceedings and calling 38 witnesses, the prosecution has closed its case in the RM6.3bil undersea tunnel and major roads project corruption trial involving former Penang chief minister Lim Guan Eng.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin, who led the prosecution team, informed Sessions Court judge Azura Alwi that the prosecution was closing its case yesterday after its 38th witness, Malaysian Anti-Corruption Commission (MACC) headquarters senior superintendent Zulhilmi Ramli, who was also the investigating officer, concluded his testimony.
“I hereby close the prosecution’s case and offer Penang Mayor Datuk Rajendran P. Anthony to the defence should they be called to enter their defence,” he said.
Azura then ordered both the prosecution and defence to file their written submissions by Jan 13, and fixed Jan 26 and 27 next year to hear oral submissions, Bernama reported.
The trial commenced on July 13, 2021.
Among the key witnesses called were former Consortium Zenith Construction Sdn Bhd director Datuk Zarul Ahmad Mohd Zulkifli, former Penang state executive councillor Datuk Lim Hock Seng, former Penang state secretary Datuk Seri Farizan Darus, former tourism and culture minister Datuk Seri Nazri Aziz, and businessman Datuk Seri G. Gnanaraja.
The trial drew significant attention following several notable developments, including the death of former Ewein Bhd group managing director Datuk Ewe Swee Kheng, who was found dead after reportedly falling from a luxury condominium unit in Jalan Kelawei, Penang, at 5.37am on Oct 5, 2021.
Ewe, 53, was the 15th prosecution witness scheduled to testify in the trial.
On Dec 16, 2021, the court allowed Ewe’s recorded statement to be admitted as evidence.
Yesterday, Wan Shaharuddin was assisted by DPPs Mahadi Abdul Jumaat, Khairunnisa Hazwani Omar, Farah Yasmin Salleh and Julaila Jamaludin.
Lim was represented by lawyers Ramkarpal Singh, RSN Rayer, Mohd Haijan Omar, Tiara Katrina Fuad and Asyraaf Abu Bakar Hamzah.
On the first charge, Lim, 65, is accused of using his position as then Penang chief minister to receive RM3.3mil in gratification for himself.
The offence was allegedly committed by helping a company owned by Zarul Ahmad secure the undersea tunnel and major roads construction project in Penang, valued at RM6,341,383,702, between January 2011 and August 2017 at the Penang Chief Minister’s Office.
The charge, framed under Section 23(1) of the MACC Act, provides for a maximum jail term of 20 years and a fine of not less than five times the value of the gratification or RM10,000, whichever is higher, upon conviction.
On the second charge, the Bagan MP is accused of soliciting a 10% cut of profits from Zarul Ahmad as an inducement to help the businessman’s company secure the same project.
The offence was allegedly committed near The Gardens Hotel, Mid Valley City here in March 2011.
This comes under Section 16 of the MACC Act, which carries a maximum penalty of 20 years’ imprisonment or a fine of not less than five times the bribe value or RM10,000, whichever is higher.
Lim also faces two charges of causing two plots of land owned by the Penang government, valued at RM208.8mil, to be disposed of to developer companies linked to the undersea tunnel project.
The offences were allegedly committed at the Penang Land and Mines Office, Komtar, on Feb 17, 2015 and March 22, 2017.
The charges, under Section 403 of the Penal Code, provide for a prison sentence of between six months and five years, whipping and a fine, upon conviction.
