KUALA LUMPUR: The defence has applied for a copy of the main witness’ statement recorded by the Malaysian Anti-Corruption Commission (MACC) in the investigation of a corruption case involving former Penang chief minister Lim Guan Eng and a businessman.
Lim’s lawyer, Gobind Singh Deo, said the document was needed to initiate the proceedings to challenge the credibility of the witness, Consortium Zenith Construction Sdn Bhd (CZCSB) director Datuk Zarul Ahmad Mohd Zulkifli, as there were conflicting statements in his testimony in court.
“The defence has a right to question Datuk Zarul in regard to the alleged RM2mil each given to Lim Guan Eng and (former prime minister) Datuk Seri Najib (Razak) through G. Gnanaraja as a middleman in 2017.
“In prior proceedings, Datuk Zarul said it was RM2mil for only Lim Guan Eng so there is a serious conflict in his testimony and therefore, we apply to challenge his credibility under Section 145 of the Evidence Act 1950,” he said.
Gobind said while testifying to MACC in Gnanaraja’s case in the Shah Alam Sessions Court, Zarul had stated that the RM2mil given to the businessman was to stop the MACC’s case against his company.
On Monday, Zarul told the court that a cheque for RM2mil was given to Lim in connection with the undersea tunnel and main roads project in Penang while RM2mil in cash was given to Najib to stop MACC’s investigation on his company.
Objecting, deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin said the application was not done according to procedure, had no basis and was merely an attempt to fish for information from Zarul’s statement, adding that the defence could instead cross-examine the witness to obtain the information.
“The application is premature at this stage and is only based on Datuk Zarul’s testimony that he had made a correction in his statement to MACC.
“The defence actually wants to scrutinise the statement to see if the correction has been made, not to start a proceeding to challenge his credibility,” said Wan Shaharuddin, according to Bernama.
DPP Mahadi Abdul Jumaat submitted that the application should be denied on the basis that the statement had been classified as a privileged document under the Evidence Act.
After hearing submissions from both parties, judge Azura Alwi fixed Nov 2 for a decision on the application and adjourned the proceedings for today and Nov 1.
Lim is facing four corruption charges over the proposed construction of an undersea tunnel and paired roads project in Penang.
On the first charge, Lim is alleged to have abused his power as then Penang Chief Minister to obtain RM3.3mil in monetary gratification as an inducement to appoint Zarul’s company to implement the RM6,341,383,702 undersea tunnel project and construction of main roads in the state.
He is alleged to have committed the offence between January 2011 and August 2017.
On the second amended charge, Lim is accused of asking Zarul for 10% of profits as a reward for helping his company secure the projects.
He is alleged to have committed the offence at The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City here, between 12.30am and 2am in March 2011.
He is also facing two other charges for dishonestly disposing of two plots of land belonging to the Penang government in Bandar Tanjong Pinang worth RM208mil to the developer of the undersea tunnel project, which was allegedly committed at the State Land and Mines Office in Komtar on Feb 17, 2015 and March 22, 2017.
