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Published: Friday October 5, 2012 MYT 3:37:00 PM

PKFZ case: Prosecution allowed to impeach ex-Cabinet minister Kadir Sheikh Fadzir over contradicting testimony

By M. MAGESWARI

KUALA LUMPUR: The High Court has allowed the prosecution to impeach former Cabinet minister Tan Sri Abdul Kadir Sheikh Fadzir over his credibility in relation to a contradiction between his testimony and his statement to police over the final price of the land for Port Klang Free Zone (PKFZ) project.

The court will hear submissions by parties on point of law on Monday to ascertain if the defence has the right to get the full statement of Abdul Kadir for impeachment proceedings.

Justice Ahmadi Asnawi Friday granted the application by lead prosecutor DPP Datuk Tun Abdul Majid Tun Hamzah under Section 155 of the Evidence Act to impeach Abdul Kadir over his credibility.

The judge held that there was a material contradiction in evidence given by Abdul Kadir in the court and his statement to the police under Section 112 of the Criminal Procedure Code (CPC).

"I have observed the evidence given by this witness (Abdul Kadir) regarding the price of the land where he stated that RM1.088bil should be added with an interest rate.

"I have observed what he has stated in his police statement under Section 112 of the CPC. I find it to be material (contradiction) and you can proceed to impeach him," Justice Ahmadi ruled.

Tun Abdul Majid said Abdul Kadir, in his statement to the police, stated that it would definitely be a final price if Cabinet had decided on the price of the land and it was a normal practice to bring back to the Cabinet if there was any change to it.

He said Abdul Kadir had given evidence in the Tun Dr Ling Liong Sik trial that the price of the land at RM25 per square feet, covering an area of 1,000 acres worth RM1.088bil, was not a final price as it had to be added with an interest of 7.5%.

When questioned further by the deputy public prosecutor, Abdul Kadir admitted to have made a statement to investigating-cum-recording officer Supt R. Rajagopal on July 6 last year at 1.45pm.

"I have signed it so I have made the statement to the police," he said.

His lawyer Chong Loong Men, who held a watching brief, applied to be given a copy of the full statement of his client in order to explain to the court the context in which he would have given such a statement.

Dr Ling's lead counsel Wong Kian Kheong also applied for a copy of the full statement to assist the court to make a proper decision in the impeachment proceedings.

Upon questioning Friday, Abdul Kadir said it was not neccesary to bring back to the Cabinet for approval if there were changes in the figure on the final price as the Finance Ministry was sometimes given the power to make decisions.

He said the term final price was not commonly used in the Cabinet as there was uncertainty on other aspects.

"The Government just approved base price. The Government gives importance to the officers who will determine other consequential aspects. The term final price is not accurate," he added.

On March 9, Dr Ling, 69, was ordered to enter his defence over three charges of cheating the Government in relation to the PKFZ project.

Dr Ling was alleged to have deceived the Government by not revealing to the Cabinet an additional interest rate of 7.5% annually in the RM1.088bil (at RM25psf) purchase of the land for the PKFZ project at the Prime Minister's Office in Putrajaya between Sept 25, 2002 and Nov 6, 2002.

Dr Ling also claimed trial to two alternative charges of cheating, which carry a lesser penalty.

Abdul Majid told the judge later that the prosecution would be objecting to the defence's application to call Prime Minister Datuk Seri Najib Tun Razak as a defence witness.

Speaking to reporters later, Dr Ling said he would subpoena Najib and former prime ministers Tun Dr Mahathir Mohamad and Tun Abdullah Ahmad Badawi in his defence case. Dr Mahathir is scheduled to appear on Monday.

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