KUALA LUMPUR: A key witness in the ongoing trial of the Penang undersea tunnel project involving former Penang chief minister Lim Guan Eng had paid RM19mil to a businessman to stop being investigated by the graft buster, the Sessions Court heard.
Former Consortium Zenith Construction Sdn Bhd executive director Datuk Zarul Ahmad Mohd Zulkifli was grilled about his payments to businessman G. Gnanaraja, whom he had engaged to stop being watched by the Malaysia Anti-Corruption Commission (MACC) and to get close to then prime minister Datuk Seri Najib Razak.
The statements were produced in a forensics report from another Shah Alam case, where Gnanaraja was charged with cheating Zarul Ahmad of RM19mil.
One of the charges claimed that Gnanaraja had cheated Zarul Ahmad into paying him RM2mil in cash at a hotel in Petaling Jaya around July and August 2017.
During cross-examination by Lim’s lead counsel Haijan Omar, Zarul Ahmad said he had to borrow RM15mil of the RM19mil from someone to pay Gnanaraja.
Haijan: Because of your fear, you paid Gnanaraja RM19mil, to the point you had to borrow money.
Zarul Ahmad: Yes, I did borrow money.
Haijan: You were so worried and scared (about being investigated by the MACC) that you were willing to pay RM19mil, even though you had to borrow that money?
Zarul Ahmad: Yes.
Zarul Ahmad said he paid RM19mil to Gnanaraja in three instalments of RM2mil, RM15mil and another RM2mil within a month.
He also agreed that despite paying Gnanaraja, his house and company were still raided by the Inland Revenue Board on Aug 9, 2017.
He, however, added that the discussion with Gnanaraja was about ending the MACC investigation, as the businessman was well connected to the previous Barisan Nasional government.
He also said it was only after the Pakatan Harapan coalition came to power in 2018 that he realised he had been deceived by Gnanaraja, prompting him to report the incident to the authorities.
In previous proceedings, Zarul Ahmad told the court that he had RM4mil, which was referred to as “chocolate”, of which RM2mil was allegedly in a cheque cashed for Lim, and another RM2mil in cash meant for Najib.
Earlier yesterday, the court reprimanded the defence for asking repetitive questions when cross-examining Zarul Ahmad.
Judge Azura Alwi had to intervene after objections were raised when Lim’s co-counsel RSN Rayer was questioning Zarul Ahmad about the RM4mil.
Rayer also raised questions about Zarul Ahmad’s 2018 media statement, which contradicted his testimony in court.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin objected and said the defence had already asked the questions before during the previous impeachment proceedings that were held to challenge the witness’s credibility.
“What is the relevance of these questions to the main trial now?” he said, adding that the defence was wasting the court’s time.
Emphasising the need for efficient proceedings, Wan Shaharuddin quipped that Lim might develop a slipped disc from prolonged sittings if the trial was unnecessarily extended.
Azura then reminded the defence to focus on arguments pertinent to the main trial.
She also advised that issues related to discrepancies between Zarul Ahmad’s court statements and his statements to the press in a media report could be addressed in their final submissions rather than revisiting them during the trial.
Despite the reminders, Rayer, however, insisted on the relevance of his questions, attempting to demonstrate that the witness had provided two conflicting versions of events.
Azura then reassured the court that all necessary testimonies and evidence had been gathered efficiently.
“We are in the main trial now, so you need to focus. Haijan asked at length about the payment earlier,” she said.
“I have been sitting here and have gathered all that. I’m only waiting for you all to do your submissions. So there’s no need to repeat.”
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 a hotel in Kuala Lumpur 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 by two companies linked to the project.
The trial continues today.
