Guan Eng's graft trial postponed to March 15

The case management for the MACC's suit against Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon has been fixed for March 15 next year.

High Court judge Hadhariah Syed Ismail fixed the date in Penang today, after taking into account the prosecution's appeal against Lim and Phang, who are seeking to declare that Section 62 of the MACC Act 2009 is unconstitutional.

Lawyer RSN Rayer appeared for Lim this morning, while Phang was represented by V Sithambaram.

“The matter has been postponed to March 15 next year pending the outcome of the prosecution’s appeal to the Federal Court,” Rayer (photo) told Malaysiakini.

Asked for his opinion on the delay of the trial, Rayer declined to comment.

“But the delay may be caused by the delay of the Court of Appeal in preparing grounds of judgment for their decision in declaring Section 62 of the MACC Act unconstitutional,” Rayer said.

“The Federal Court has also not fixed any hearing or case management dates,” he added.

In a landmark decision on Aug 7, the Court of Appeal ruled that Section 62 of the 2009 MACC Act - which requires an accused to file his or her defence before the trial - is “null and void”.

The ruling followed an appeal by Lim and Phang that the Section in question was “ultra vires” Articles 5(1) and 8 of the Federal Constitution.

In June last year, Lim was charged with receiving gratification from Phang, who sold him a two-storey bungalow on Jalan Pinhorn below market value.

Lim, who is also DAP secretary-general, has claimed that the bungalow was purchased on a “willing seller, willing buyer” basis and that the charge was a political conspiracy to end his political career.- Mkini