Lawyer: Court must be told if AG plans to drop Guan Eng’s charges

Criminal lawyer Salim Bashir says this is the respectful approach since Lim's trial has started in the High Court with the calling of 12 witnesses so far.

Lim Guan Eng was alleged to have used his position to buy a bungalow from a businesswoman for below the property’s market value. (Bernama pic)

PETALING JAYA: Any decision to withdraw corruption charges against Finance Minister Lim Guan Eng must first be communicated to the trial judge, a lawyer said.

Lim Guan Eng.

Salim Bashir said this was because the court had taken cognisance of the offence and a trial was under way.

“The matter is only appropriate to be withdrawn, and for the prosecution to make any other application, before the trial judge,” he told FMT.said this in response to media reports that the Attorney-General’s Chambers (AGC) is likely to withdraw its two charges against Lim when his corruption trial resumes next week.

Lim’s lawyers have written a representation to Attorney-General (AG) Tommy Thomas and the High Court has fixed the matter to be mentioned on Monday.

Salim said the AG, who is also the public prosecutor, could withdraw charges at any stage before the conclusion of the trial, as provided for under Article 145 (3) of the Federal Constitution and Section 376 of the Criminal Procedure Code.

The lawyer said the court would not question any withdrawal of charges as that was the sole prerogative of the AG.

Salim said Thomas could give his reason if he decided to drop the charges against Lim, after informing the court.

Meanwhile, lawyer Zainur Zakaria said Thomas will have to give an explanation to the public should the charges against Lim be withdrawn.

“Justice must be seen to be done and public confidence in the AG’s Chambers is paramount and overrides any other consideration.”

Zainur said any such withdrawal would give rise to strong suspicions and cause much discredit to the AGC for having initiated a baseless prosecution.

Lim was Penang chief minister when he was charged on June 30, 2016, with using his public office to obtain gratification for himself and his wife, Betty Chew, by approving an application by Magnificent Emblem Sdn Bhd (MESB) to convert agricultural land for residential purposes.

Lim was also alleged to have used his position to obtain gratification by purchasing a bungalow from businesswoman Phang Li Koon for RM2.8 million, which was below the property’s market value of RM4.27 million, on Oct 21, 2015.

Phang was charged with abetment.

The prosecution, led by deputy public prosecutor Masri Mohd Daud, had lined up 55 witnesses and so far 12 had taken the stand. - FMT