Former Penang chief minister Lim Guan Eng and businessperson Phang Li Koon have claimed trial to graft charges, while Lim's wife Betty Chew has been charged with money laundering at the Butterworth Sessions Court today.
Lim pleaded not guilty to a charge under Section 23(1) of the MACC Act 2009 for using his position at the time for the gratification of RM372,009 for Chew, through private company Excel Property Management and Consultancy Sdn Bhd.
As then chief minister and Penang Development Corporation (PDC) Procurement Board chairperson, Lim is accused of ensuring the company Magnificent Emblem Sdn Bhd was offered a proposal request for a workers' quarters project in Batu Kawan, South Seberang Perai, worth RM11.61 million, in which Chew purportedly had an indirect interest in.
He is alleged to have committed the offence between Aug 19, 2013, and March 3, 2016, at the chief minister's office in George Town, Penang.
The DAP secretary-general faces a jail term of up to 20 years and a fine not less than five times the amount of the bribe or RM10,000, whichever is higher.
Today's charge came on top of two criminal graft charges levelled against the former finance minister in relation to the multi-billion ringgit Penang undersea tunnel project.
Lim yesterday claimed trial to the charge of using his position for personal gratification of up to RM3.3 million and on Friday for soliciting bribes in connection with the same mega infrastructure project.
Phang (above) today pleaded not guilty to the charge of abetting Lim under Section 28 (1)(c) of the MACC Act, which was read together with Section 23(1) of the law.
Phang is best known as the businessperson who sold the controversial Pinhorn Road bungalow to Lim.
In 2018, Lim was acquitted of two graft charges over the alleged conversion of state land status and purchase of the bungalow at below market value, while Phang was acquitted of abetting Lim in obtaining the bungalow at the undervalued cost.
Chew pleads not guilty to Amla charge
Meanwhile, at the Special Corruption Sessions Court in Butterworth, Chew today claimed trial to three counts of money laundering involving RM372,000 in relation to her alleged involvement with Excel Property Management and Consultancy.
For all three charges, she was alleged to have received RM87,009, RM180,000 and RM105,000, respectively, which were proceeds from purported unlawful activities from Excel Property Management and Consultancy, deposited into her Public Bank Berhad account.
Chew is accused of having committed the offences between Oct 7, 2013, and Aug 4, 2014, for the first charge; between Sept 3, 2014, and Aug 11, 2015 (second charge); and from Sept 4, 2015, to March 3, 2016 (third charge), at Public Bank Berhad, Taman Melaka Raya branch in Malacca.
The lawyer was charged under Section 4(1)(a) Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (Amla) Act, which provides a maximum fine of RM5 million, or imprisonment for up to five years, or both upon conviction.
Chew is also a seasoned politician, having been a one-term Durian Daun and two-term Kota Laksamana assemblyperson, as well as Malacca DAP women's head.
She had previously questioned her arrest and interview by MACC last week, where she was released on an RM50,000 bail.
After the hearing, the couple thanked their supporters and vowed to continue fighting the charges.
“They can go for me, just leave my family alone," said Lim at a press conference with Chew, Harapan leaders and their supporters.
Chew said any attempts to break their family apart will fail, as they would remain strong and support each other through the ordeal.
“.... adversity will make us stronger, united, and make our love grow stronger too," said Chew who ended up in a tearful embrace with Lim.
Phang's charge double jeopardy?
Meanwhile, Phang's lawyer V Sithambaran told reporters that his client does not accept the charge.
He said Phang has been caught in a "political crossfire" involving DAP leaders.
The facts of the charge were also previously raised during MACC's probe and trial into Lim's bungalow case, Sithambaran added.
"There were 20 witnesses who testified in the case, and we were acquitted and discharged. The prosecution should have preferred the charges against my client then, which they did not.
"They cannot be charging my client in instalments, are they going to charge us everyday? It would then be a case of double jeopardy if they did that," he said.
During the proceeding, the prosecution disagreed with Sithambaran, saying the charge against Phang was not "double jeopardy".
The prosecution said the previous case was acquitted without a full trial.
However, the senior lawyer said it was a trial which the prosecution could have proceeded with.
"I can't keep quiet, I have to raise the issue before the second trial proceeds, I have to put on record now that we do not accept the charges.
"I cannot participate in the trial until the end, and then say we do not accept the charges," Sithambaran added.
It should be noted that the principles against double jeopardy prevent an acquitted person from being charged again for the alleged same offences.
Section 7(2) of the Federal Constitution states that a person who has been acquitted of an offence shall not be tried again for the same offence except where the acquittal has been quashed and a retrial is ordered by a higher court.
Under Section 302 (1) of the Criminal Procedure Code, such a person cannot be tried again under a different charge relying on the same facts.
However, Section 302(4) states that an acquitted person may be subsequently charged and tried if the court which tried the accused was deemed not competent to try the offence.
Show of support
Among the leaders who were seen at court in a show of support to the couple were Chief Minister Chow Kon Yeow, Deputy Chief Minister P Ramasamy, state exco members Phee Boon Poh and Chong Eng, as well as PKR MPs Dr Wan Azizah Wan Ismail (below, centre) and Nurul Izzah Anwar.
Lim's father DAP stalwart Kit Siang, his sister senator Hui Ying and son Marcus were also present to lend support to the couple.
Aside from them, lawyers Gobind Singh Deo, Ramkarpal Singh, Sangeet Kaur and RSN Rayer were there along with the late DAP strongman Karpal Singh's wife Gurmeet Kaur.
Judge Ahmad Azhari Abdul Hamid presided over the cases. - Mkini
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