Malaysian Bar not shocked by Guan Eng's acquittal

Malaysian Bar president George Varughese today said he is not shocked by the acquittal of Finance Minister Lim Guan Eng on corruption charges.

In a statement, Varughese said that it is not uncommon for the Attorney-General's Chambers to accede to representations made by defence lawyers, and that it is up to the public prosecutor to drop charges against any accused.

"It is the absolute prerogative of the public prosecutor at any stage of the trial, before the delivery of judgment, to decline to prosecute further pursuant to Section 254 of the Criminal Procedure Code. 

"It is also not uncommon for lawyers representing accused persons to make representations to the AGC seeking withdrawal and/or reduction of the charge(s) proffered against their clients.

"And on a regular basis the AGC does accede to these representations," he said. 

Varughese also pointed to the AGC appellate and trial division head Mohamad Hanafiah Zakaria's explanation that there was insufficient evidence for the prosecution's case against Lim to succeed.

"Thus it is not 'shocking' for the deputy public prosecutor (Hanafiah) to withdraw the charges, as suggested by the MACC,' he added. 

On Monday, the Penang High Court acquitted Lim of two charges related to the alleged conversion of the status of state agricultural land, and the purchase of a bungalow at below market value.

This came after the AGC accepted representations from lawyers representing Lim and businessperson Phang Li Koon, who was accused of abetting Lim in obtaining the bungalow in exchange for the land status change.

The prosecution sought a discharge not amounting to an acquittal, but judge Hadhariah Syed Ismail instead granted Lim and Phang full acquittals.

Both the MACC and Prime Minister Dr Mahathir Mohamad said they were "shocked" by the court's decision, with a source telling Malaysiakini that the decision to withdraw graft charges against Lim was never discussed with top MACC management. 

Hanafiah, who was responsible for reviewing the graft charges against Lim and Phang, said he chose to enter the nolle prosequi (cease further prosecution) order against Lim, as the cross-examination of prosecution witnesses had "weakened" the case.  - Mkini