KUALA LUMPUR: Kuala Dimensi Sdn Bhd (KDSB) chief operating officer (COO) Datuk Faizal Abdullah did not turn up to testify in Tun Dr Ling Liong Sik cheating trial because a subpoena issued on him has expired.

Dr Ling’s lead counsel Wong Kian Kheong told High Court judge Justice Ahmadi Asnawi that he had interviewed Faizal four times for the defence’s case and that the COO has agreed to be a witness.

Wong said the defence had given the subpoena, which has September and October dates last year, to Faizal.

“I intend to call Faizal who has been offered to us. I was told that Faizal (now) has a mediation in Shah Alam,” said Wong.

Wong said Faizal had been told about the cheating trial yesterday.

However, Faizal’s counsel Datuk K. Kumaraendran told the judge that his client had informed him that the former would not appear in court unless a subpoena was served on him.

“No subpoena. (There is) no necessity to come to court,” he said.

Lead prosecutor Datuk Tun Abdul Majid Tun Hamzah told the judge that similar issues would arise in the case of Prime Minister Datuk Seri Najib Tun Razak and former premier Tun Abdullah Ahmad Badawi – as subpoenas issued to them were on old trial dates for the case.

He added that the application for new subpoenas had to be made by the lawyer and not through the court for the witnesses to testify in the trial.

Justice Ahmadi ordered Wong to prepare subpoenas for all witnesses to avoid similar incidents.

Wong said he would be able to call an expert from Singapore to testify at 2.30pm today.

The judge set today for continuation of the trial.

On March 9, Dr Ling was ordered to enter his defence over three charges of cheating the Govern­ment in relation to the Port Klang Free Zone (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.

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