Published: Tuesday December 13, 2011 MYT 8:46:00 PM

PKFZ case: Ling just a scapegoat, says lawyer

KUALA LUMPUR: The High Court here was told Tuesday that former Transport Minister Tun Dr Ling Liong Sik was just a scapegoat and that the Cabinet was informed of the interest rate of 7.5 percent per annum concerning the Port Klang Free Zone (PKFZ) project.

Dr Ling's counsel Wong Kian Kheong also submitted that Dr Ling did not misrepresent to the Cabinet that costs of both RM25 per sq ft (psf) and interest of 7.5 percent in the matter of the project were certified and agreed by the Valuation and Property Services Department (JPPH).

He said this in his submission at the end of the prosecution's case in the trial of Dr Ling over the PKFZ project.

Wong said although Dr Ling was the signatory in the letter to former Prime Minister Tun Dr Mahathir Mohamad, dated 29 June 2002. and the notes dated 29.10.2002, Dr Ling did not personally prepare those two sets of documents.

"Dr Ling was not involved at all in giving any input in respect of the letter to former Prime Minister Tun Dr Mahathir. Nor was there evidence that Dr Ling amended any draft of the two exhibits (sets of documents)," he said.

Wong also said JPPH's valuation of RM25 psf in its letter dated September 2000 did not include the total amount of interest payable.

He said at all material times, the Ministry Of Finance (MOF) was actively involved with the Port Klang Authority (PKA) and Ministry Of Transport (MOT) regarding the PKFZ project and had full knowledge of JPPH's letter.

"At all material times, Dr Ling was guided by MOT's senior officers in respect of the PKFZ project including the contents of that JPPH letter.

"During the relevant Cabinet meeting, the JPPH letter was no longer relevant because it had been overtaken by events, especially the issue of whether the land should be purchased or compulsory acquired under the Land Acquisition Act 1960," he said.

Wong further submitted that the prosecution had failed to prove it case beyond all reasonable doubt that all members of the Cabinet, especially Tun Dr Mahathir, Tun Abdullah Ahmad Badawi (former Deputy Prime Minister at that time) and Datuk Seri Najib Tun Abdul Razak (who had chaired a Cabinet meeting in 2007), had been deceived.

"The prosecution also had failed to prove beyond any reasonable doubt that the alleged concealment or the alleged deception had caused or was likely to have caused wrongful loss to the Federal Government at the time of the Cabinet's decision," he said.

Wong also said that there was no evidence at all to prove that Dr Ling benefited in any manner from Kuala Dimensi Sdn Bhd over the sale of land to PKA and from the PKFZ project.

Wong further argued that the prosecution failed to call Dr Mahathir, Abdullah, Najib and Information, Communications and Culture Minister Datuk Seri Dr Rais Yatim (as Minister in Prime Minister Department at that time) and 19 other ministers as a witnesses without giving any reason.

"Dr Mahathir is a material witness in this case because the following documents in chronological order showed Dr Mahathir's personal and active role in the PKFZ project.

Abdullah also should be called as witness because KDSB wrote a letter dated July 4, 2001 to Abdullah on the PKFZ project.

"Najib also is a material witness because he chaired the Cabinet meeting on June 27, 2007 while Rais gave the opinion that the land should be purchased on the terms offered by KDSB.

"Based on all the facts, reasons and contentions in this submission, we pray that Dr Ling be acquitted and discharged of the three charges," he said.

Dr Ling, 68, is charged with cheating the government by not disclosing to the Cabinet an additional interest rate of 7.5 percent per annum on the purchase price of the land for the PKFZ project, which had been fixed at RM1,088,456,000 by the Valuation and Property Services Department (JPPH) based on RM25 per sq ft inclusive of the coupon/interest rate.

He also faces two alternative charges, of cheating and intentionally omitting from the Cabinet that the 7.5 percent per annum was an additional interest rate on the land price.

The offences were allegedly committed at the fourth floor of the Prime Minister's Office, Perdana Putra building in Putrajaya, between Sept 25 and Nov 6, 2002.

The submission before High Court Judge Datuk Ahmadi Asnawi continues on Wednesday. - Bernama

More News