KUALA LUMPUR: A former Penang Lands and Mines Department director says he was not aware of several alleged transactions made by a developer to swap two plots of state land linked to the Penang undersea tunnel project.
Datuk Akmar Omar, the 35th prosecution witness in the graft trial involving former Penang chief minister Lim Guan Eng, told the Sessions Court that he had no knowledge of several payments amounting to RM74.8mil made between Nov 18, 2013, and March 30, 2015, by Ewein Zenith Bhd to Consortium Zenith BUCG Sdn Bhd (CZBUCG).
Deputy public prosecutor (DPP) Ahmad Akram Gharib, during his examination-in-chief, had asked Akmar if he was aware of the transactions.
Laying out the transaction details, he said the first alleged payment was RM12.5mil on Nov 18, 2013; followed by RM800,000 on Dec 23, 2013; and RM500,000 each on March 24, April 4 and April 24, 2014.
The others were RM3.3mil on May 3, 2014; RM3.5mil on Sept 5, 2014, as well as two transactions worth RM48.2mil plus RM5mil on March 30, 2015.
Ahmad Akram: Do you know that since 2013, CZBUCG had received payments from Ewein Zenith for the land swap?
Akmar: Not to my knowledge.
Ahmad Akram: As of March 30, 2015, who owned the land?
Akmar: The Penang state government.
To a question, Akmar said no other company had received such special treatment as that given to CZBUCG before this, namely being given a lower land premium and relative ease in land title conversion.
However, during cross-examination by lead defence counsel Gobind Singh Deo, Akmar agreed that the company was not given special treatment but merely greater focus by the state government, as it was a major infrastructure project.
He also agreed that the project needed special attention and permission wherever applicable, as it involved a massive undertaking.
Gobind: Is the project such that there is no other similar one in Penang?
Akmar: Yes.
Gobind: Since this is a major project that warrants special attention, the state government would surely give focus to this project?
Akmar: Correct.
Gobind: So, this is not special treatment but merely to ensure smooth project implementation?
Akmar: Yes, correct.
CZBUCG, whose owner is Consortium Zenith Construction Sdn Bhd (CZCSB) director Datuk Zarul Ahmad Mohd Zulkifli, was awarded the undersea tunnel project.
A former state exco member, Datuk Lim Hock Seng, who was the third prosecution witness, had testified earlier that the state government gave two plots of land totalling 2.3ha in size to CZBUCG upon completion of the feasibility studies and detailed design work for the project’s three paired roads.
These plots of land were later used for the development of the City of Dreams service apartments project by Ewein Zenith.
Ewein Bhd founder and executive chairman, the late Datuk Ewe Swee Kheng, was due to be called as the 15th prosecution witness in the trial, but was found dead after a fall from a Pulau Tikus condominium on Oct 5, 2021.
Earlier, both the defence and prosecution teams were in a war of words after Gobind sought for DPP Nik Haslinie Hashim to be recused from the trial over alleged suppression of evidence.
He said Nik Haslinie was part of the prosecution team in a separate and earlier case at the Shah Alam Sessions Court, which involved several of the same witnesses.
Gobind alleged that the witnesses, including CZCSB director Datuk Zarul Ahmad Mohd Zulkifli, had lied in their testimonies about who was the recipient of RM2mil involving the same payment voucher and cheque, as shown in the forensic report from the Shah Alam court that there were two different versions of the statements in the two courts.
In the Shah Alam case, businessman G. Gnanaraja was charged in 2019 with cheating Zarul Ahmad of RM19mil.
However, he pleaded guilty to an alternative charge under the Companies Act in Dec 2020 and was fined RM230,000. The cheating case has since been classified as “no further action” (NFA).
Zarul Ahmad is currently on the witness stand in the ongoing trial, while Gnanaraja is expected to be called as a prosecution witness soon.
In the defence’s bid to recuse Nik Haslinie, Gobind said the prosecution witnesses lied and questioned how she could appear for the prosecution when she is also a material witness for the defence.
Lead DPP Datuk Wan Shaharuddin Wan Ladin objected to the recusal bid, saying the allegations were made without evidence.
“It is premature to claim that prosecution witnesses lied, because they are still in the midst of giving their testimonies in the trial.
“It is also premature to raise the claim about Nik Haslinie. What my learned friend said made it sound as though Nik Haslinie lied in court.
“There is no basis for saying she lied in court except if this comes from the witnesses.”
Wan Shaharuddin said he had no problem if the defence wished to call Nik Haslinie as a defence witness during the trial later if Lim is ordered to enter his defence, as long as there is a subpoena.“But at this stage, there is no reason to recuse Nik Haslinie,” he said.
Weighing in, Ahmad Akram pointed out that the defence team can cross-examine the witnesses about the allegations later, while the prosecution’s case against Lim is still ongoing.
Judge Azura Alwi said that she would only give a consideration when there is a formal written application from the defence team for Nik Haslinie’s recusal.
The trial continues on Thursday.
