KUALA LUMPUR: The Sessions Court expunged questions from the defence in the ongoing trial of the Penang undersea tunnel project involving former Penang chief minister Lim Guan Eng due to irrelevance.
Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin raised his objection during the cross-examination of key witness Datuk Zarul Ahmad Mohd Zulkifli, who is former Consortium Zenith Construction Sdn Bhd executive director, by Lim’s co-counsel RSN Rayer.
Wan Shaharuddin questioned Rayer for raising irrelevant questions and implying the witness was involved in immoral activities in this trial.
"This is not a religious case but a corruption trial. What is the relevance to our case today?" he said.
Rayer then told the court that the prosecution had also previously asked similar questions to Zarul Ahmad, making it look like a “trial by media”.
“The prosecution has also asked all sorts of questions, and reports have been made claiming that Lim Guan Eng has asked for money, or 10% (commission).
“Sometimes questions were asked to the witness, that seemed like it guided him to say there was corruption although they were not relevant, even after the impeachment proceeding,” he said.
Judge Azura Alwi then asked why the defence raised this "trial by media" complaint, saying it was the prosecution’s duty to prove the case.
“I don’t know why you raise it. When it’s about the accused, of course, they (prosecution) have to establish the reason behind any allegation. Why are you making a comparison about the witness?
“The accused (Lim) is facing charges under the MACC (Malaysian Anti Corruption Commission) Act. So it is the prosecution's duty and right to prove the case.
“We are no longer in the investigating stage now," she added.
Zarul Ahmad, who is the 23rd witness, told the court that he was offended by Rayer's questioning of part of his message exchanges with business G. Gnanaraja.
“I made the messages in jest. Sometimes we talk rubbish with our friends in messages. So we can’t make jokes in private conversations?” he said.
Azura then ordered for the questions to be expunged following a brief disagreement between the prosecution and defence.
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 RM6.34bil.
Lim 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 10% 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 further 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 project.
The trial continues on Nov 14.
