Ramkarpal: AG's independence not compromised if Guan Eng's graft case withdrawn

The independence of attorney-general Tommy Thomas would still be intact if he considers the case representation of former Penang chief minister Lim Guan Eng and businessperson Phang Li Koon to withdraw their corruption charges at the Penang High Court.

Saying this, Ramkarpal Singh, who is Lim's lead counsel, said the case may have been partly heard - with 14 witnesses having given their testimonies - but it is entirely up to Thomas to consider withdrawing the charges.

"It does not matter if he is a new AG, as it is entirely under his discretion to allow the case to continue or not," Ramkarpal told reporters outside the Penang High Court in George Town today.

"It is not a matter of independence, we assume the AG is independent.

"We have put in our representation professionally for him to review the case, and we hope he will consider it professionally as well. We do not expect anything less or more," added the Bukit Gelugor MP.

Accompanying Ramkarpal at the courthouse today was lawyer V Sithambaran, who is the lead counsel for Phang.

Lim, who is the current finance minister, was not present in court today, while Phang was.

Ramkarpal was responding to a question whether it would amount to a miscarriage of justice if a partly-heard case was withdrawn by the AG, and if there would be a precedent if Thomas were to agree to the withdrawal. 

Earlier today, Penang High Court Judge Hadhariah Syed Ismail put off the case to Sept 3to hear the outcome of the representation as the AG needed another month to decide on the matter.

'Not the first case'

Ramkarpal, meanwhile, said that there has been no reply from the Attorney-General's Chambers (AGC) yet on their request for the case to be dropped. 

"Of course in our representation, we have urged the AG to consider withdrawing the charge. It is really up to him as he has to consider the representation carefully.

"As far as we are concerned, there is no indication as to the position he has taken; our representation is very comprehensive so perhaps the AG needs time to go through it," he said.

Meanwhile, Sithambaran said hundreds of partly-heard cases have been previously withdrawn by the AG.

"This is not the first case. Such a scenario is common, many cases which are part heard, are made representations to the AG to review and he will decide whether to stop or proceed further.

"It is entirely up to the AG to decide. He has to decide based on the evidence put forward before him," said the senior lawyer.

"We have given our side of the story, we have given all the documentation and valuation reports from our experts, so they (AGC) would need time to look into it. Of course, in our case, the charges should not be preferred at all, to start with the charge is groundless."

Lim was charged two years ago with the conversion of state land from agriculture to residential in his capacity as state executive councillor for land matters in the Penang government.

He was also slapped with a second charge of allegedly using his position to obtain a bungalow in Jalan Pinhorn, George Town, at below the market value. He claimed trial to both charges.

Phang also claimed trial to the charge of abetting Lim in obtaining the bungalow at an undervalued cost. - Mkini