Guan Eng's appeal postponed to seek rectification of court order

Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon's appeal to challenge the constitutionality of Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 has been postponed to July 19.

This came after the Court of Appeal and the parties wanted to seek rectification of the Penang High Court order which directed Lim and Phang to furnish their defence within 14 days, after it dismissed their applications and declared Section 62 as constitutional.

Justice Umi Kalthum Abdul Majid, who led the three-member bench, recognised the irregularity of the order issued by the High Court and brought this to the attention of both the defence and prosecution.

The judge asked the parties whether they agreed that the order should stand as it is.

Lim's lawyer Gobind Singh Deo said the order is a consequential order and "it is the subject of our appeal and the court should not impose a time frame  (to submit the defence)".

Lawyers V Sithambaram and Hisyam Teh Poh Teik for Phang also wanted the order to be corrected.

Meanwhile, DPP Mohd Masri Daud said the prosecution would leave it to court.

After conferring and a short break, Gobind and Sithambaram sought for an adjournment of today's proceedings.

Justice Umi Kalthum noted that the adjournment sought was for parties to write to the High Court to rectify the order dated March 7.

The other judges were Justice Idrus Harun and Justice Abdul Rahman Sebli.

Outside the court, Gobind explained to reporters that the rectification was sought as Section 62 did not provide any time-frame for the defence to be submitted.

Section 62 of the MACC Act 2009, states that “once the prosecution submits documents pursuant to Section 51A of the Criminal Procedure Code, the accused shall, before the trial begins, submit (a) a statement of defence and (b) a copy of any document that can be presented as part of the evidence for the defence.

It was reported that Justice Hadhariah Hadariah Syed Ismail on March 7 dismissed Lim and Phang's challenge and fixed July 26, for case management, pending the appeal at the Court of Appeal today.

Lim claimed trial on June 30, last year, to two counts of corruption charges related to land conversion (from agriculture to housing), and the purchase of a RM2.8 million bungalow at below market value.

He was charged under Section 23 of the MACC Act for allegedly using his position to obtain gratification for himself and his wife, Betty Chew Gek Cheng, by approving the land conversion in Balik Pulau for Magnificent Emblem Sdn Bhd. Lim was accused of doing so when chairing a meeting of the Penang State Planning Committee on July 18, 2014.

If convicted, Lim faces a jail term of up to 20 years and a fine of not less than five times the amount of graft involved, or RM10,000, whichever is higher.

The second charge against Lim involves him allegedly purchasing the bungalow on Jalan Pinhorn on July 28, 2015, from Phang, who owns 30 percent of Magnificent Emblem.

Phang, as the former owner of the bungalow at Jalan Pinhorn, pleaded not guilty to charges of conspiring with Lim for him to obtain the bungalow at below market price at the same place and date.

The businesswoman was charged under Section 109 of the Penal Code read together with Section 165, which provides for a jail term of up to two years, or fine, or both, if convicted.- Mkini