KUALA LUMPUR: A key prosecution witness in the corruption trial of Lim Guan Eng has revealed that he did not disclose that the accused allegedly asked for 10% of future profits from the Penang undersea tunnel project’s value to the anti-graft body in his 2018 statement.
Consortium Zenith Construction Sdn Bhd (CZCSB) executive director Datuk Zarul Ahmad Mohd Zulkifli told the Sessions Court that his omission was due to his “focus” on the Malaysian Anti-Corruption Commission’s (MACC) investigation of businessman G. Gnanaraja.
Zarul Ahmad said this when he was questioned by defence counsel RSN Rayer during an impeachment proceeding into his conflicting statements to the MACC between this trial and in a previous Shah Alam cheating case involving Gnanaraja.
Rayer read out Zarul Ahmad’s court statements from both courts about his conversations with Gnanaraja and Lim during a meeting at the businessman’s home.
Gnanaraja’s wife Datuk K. Geethanjali testified in this court in 2021 that Lim visited their home with Zarul Ahmad at around 2am on Aug 28, 2017, for a discussion.
Zarul Ahmad also told the MACC in his statement that Gnanaraja invited them in and introduced Lim to his wife and her mother.
He also said the three of them later discussed how Lim’s relationship with former prime minister Datuk Seri Najib Razak could be “strengthened” through a Federal Government project.
When questioned, Zarul Ahmad agreed with Rayer that the conversations he mentioned during his 2018 statement and in this trial regarding Gnanaraja and Lim were from the same meeting.
Rayer: So, in this statement (in 2018), there was no mention of the 10% profit?
Zarul Ahmad: I was told to focus on Gnanaraja.
Rayer: Just focus on this statement. Yes or no?
Zarul Ahmad: Yes, not in this statement.
However, Zarul Ahmad reiterated that he stood by his testimony in this court, where he testified that he was “shocked” when Lim allegedly asked for 10% of future profits from the project.
In this ongoing trial, Zarul Ahmad had testified earlier that between 2013 and 2014, he visited Lim’s office twice, delivering two envelopes each time containing RM100,000 in cash, fulfilling his agreement to provide 10% of future profits after the project was awarded to his company.
Earlier, lead defence lawyer Haijan Omar requested a postponement of the trial but was denied.
He cited the need to explore substantial conflicts in Zarul Ahmad’s testimony, which were acknowledged by the witness.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin objected to the request, saying that the trial has taken a long time.
Rayer then said more time was needed to prepare for questioning Zarul Ahmad’s conflicting statements in detail.
Wan Shaharuddin then expressed dissatisfaction with the defence’s reasons, saying that they should have been prepared even before the impeachment proceeding.
Rayer gave in and said he was ready to continue questioning the witness about his conflicting statements.
Judge Azura Alwi then instructed both the prosecution and defence to continue with the proceeding. The hearing continues on July 19.
Lim, 63, is facing an amended charge of using his position as then Penang chief minister to solicit RM3.3mil in bribes as an inducement to assist Zarul Ahmad in securing the undersea tunnel project worth RM6,341,383,702.
He allegedly committed the offence at the Penang Chief Minister’s Office, Level 28, Komtar, George Town, between January 2011 and August 2017.
In the second amended charge, Lim is accused of soliciting a bribe of 10% of the profit from the company as gratification to secure the project.
The offence was allegedly committed near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City here in March 2011.
Lim, who is DAP chairman and Bagan MP, faces two other charges of causing two plots of land worth RM208.8mil, belonging to the Penang government, to be disposed of to two companies linked to the undersea tunnel project.
