Lawyer: Solicitor-general can withdraw charges against Guan Eng

Lim's corruption trial is scheduled to continue at the High Court in Penang on Monday.

Lim, a former Penang chief minister, has been named finance minister but has yet to take his oath of office.

PETALING JAYA: Solicitor-General Engku Nor Faizah Engku Atek, can clear DAP secretary-general Lim Guan Eng of the corruption charge he is facing, a criminal lawyer said.

N Sivananthan said the solicitor-general, who is carrying out the duties and functions of the attorney-general, could either withdraw the charge or ask for a discharge not amounting to an acquittal (DNAA).

AG Mohamed Apandi Ali, who is alleged to have concealed evidence on the 1MDB affair, has been told to go on leave.

“The deputy public prosecutor, who is conducting the case, can inform the trial judge during a court proceeding should such a decision be made,” he told FMT.

He said this in response to Prime Minister Dr Mahathir Mohamad’s statement yesterday that Lim, who is also Bagan MP, could only be officially appointed finance minister if and after he was cleared of the corruption case.

Mahathir clarified that Lim, a former Penang chief minister, had merely been named finance minister but had yet to take his oath of office.

“Every minister must be someone who is qualified for the position. If there is a case against such a person, we cannot appoint him or her,” he had said.

Lim’s trial is scheduled to continue at the High Court in Penang on Monday.

On June 30, 2016, Lim, 58, was charged 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.

Sivananthan said Lim could not be charged again once the charge was withdrawn.

“The government lawyer could also apply to the court for a DNAA to conduct further investigation,” he said.

However, he said, Lim’s legal team would insist on an outright acquittal by giving reasons and it was for the judge to make a ruling.

Sivananthan said it was not unusual for the prosecution to withdraw a charge or request for a DNAA as it was at the discretion of the AG, who is also the public prosecutor, after examining the evidence.

Meanwhile, lawyer SN Nair said there was no provision in the law that Lim must resign from his post once charged with a criminal offence.

“He is presumed to be innocent until proven guilty by the court,” he said, adding his lawyers could also make representation to the AG to review the case.

Lawyer R Kengadharan said Lim could be in a state of conflict of interest if he was made finance minister with the charge hovering over his head.

“The position that he would hold will make him come in contact with the judiciary and the prosecution agency when approving allocations and in preparing the annual budget,” he said. -FMT