GEORGE TOWN: Former Penang chief minister Lim Guan Eng, his wife Betty Chew and businesswoman Phang Li Koon will face corruption charges relating to a RM11.6mil dormitory project on July 26.
This comes after the High Court here struck out their bid to dismiss the case.
Judicial commissioner Rofiah Mohamad said the court rejected the defence’s claims that there was double jeopardy in the case.
“The doctrine of double jeopardy does not apply here because the conditions are not met.
“The court has found that there is a significant difference between the charges in the first and second proceedings, namely in terms of the date of the alleged offences, the position of the accused when the offences are said to have been committed, and the said bribe given for the benefit of different parties.
“Actions said to be done by the accused when committing the offences are different, and the types of offences are also different.
“Therefore, the application of the doctrine that the charges are the same or involve the same facts and evidence as the first proceedings is not met.
“There is a major difference in the alleged offences that took place, and they involved different persons.
“The case must go on,” Rofiah said in delivering her ruling yesterday.
She said while the defence claimed that 25 witnesses had been called to testify in a case involving Lim in 2016, no findings were made by the court then.
Rofiah also said that Lim’s previous acquittal was not based on judicial determination but due to the prosecution’s withdrawal of charges, which did not satisfy the conditions for double jeopardy.
She then fixed July 26 for case management and said the bail previously posted by the accused would be extended.
The defence filed an application last year to strike out the case, citing the use of the same evidence as an unrelated case in which Lim was acquitted.
Lim’s lawyer RSN Rayer claimed the prosecution was using evidence from a previous criminal case involving the purchase of Lim’s bungalow in Jalan Pinhorn, despite his acquittal and discharge in 2018.
Lim, Chew and Phang face charges under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and the Malaysian Anti-Corruption Commission Act 2009, to which they pleaded not guilty in the High Court after the case was transferred from the Sessions Court.
According to the charges, Lim provided gratification to ensure that a company linked to Phang secured a dormitory project between 2013 and 2016.
Chew is accused of laundering the proceeds in three instalments.Deputy public prosecutors Syed Faisal Syed Amir, Ashrof Adrin Kamarul and Shafiq Hasim appeared for the prosecution, while Phang was represented by lawyer Datuk V. Sithambaram.
Speaking outside the court, Rayer said he would seek a stay of proceedings pending an appeal.
“It’s a constitutional point of law, and I believe that we will exhaust our avenues right up to the Federal Court.
“For the moment, we will wait for the grounds of judgment to be provided, and then we will pursue the appeal and file an application for a stay of proceedings,” he said.
Meanwhile, Lim said he would diligently work to clear his name, his wife’s name, and Phang’s name as well.
