‘Guan Eng directed me to contact 2 directors over tunnel project’ - witness

 

Former Penang chief minister Lim Guan Eng directed a state executive councillor (exco) to contact two company directors in relation to the controversial Penang undersea tunnel project, the Kuala Lumpur Sessions Court heard today.

Third prosecution witness Lim Hock Seng, a former Penang state exco, testified that on Jan 26, 2011, he was given the direction by Guan Eng to contact one Zarul Ahmad Mohd Zulkifli and one Lee Chee Hoe.

Hock Seng was testifying on the third day of the former finance minister's corruption trial linked to the project.

Zarul and Lee are senior executive directors of Consortium Zenith Construction Sdn Bhd, the main contractor for the project. The two are key prosecution witnesses.

Hock Seng testified that Guan Eng informed him there was a company interested in creating an MoU (Memorandum of Understanding) between the company and the state government over the project.

The witness told judge Azura Alwi that Guan Eng shared with him the names of Zarul and Lee after a state exco meeting at the state government building in Georgetown on Jan 26, 2011.

Hock Seng said he was informed by Guan Eng that the two businesspersons represented BUCG (Beijing Urban Construction Group), a company from China interested in the island project.

“YB (Yang Berhormat) Guan Eng had given me the telephone numbers of Zarul and Lee. I had also contacted them.

“The purpose of me contacting Zarul was in relation to the discussion over the Penang three main roads and tunnel project.

“I got to know Zarul and Lee after meeting them,” he said while reading out from a written witness statement.

During examination-in-chief by deputy public prosecutor Nik Haslinie Hashim, Hock Seng testified that early that year, he directed the Penang Island City Council engineering department director to prepare a working paper on the project.

He told the court that during a Penang state exco meeting on March 16, 2011, he informed the council that BUCG had asked for the MoU to be signed as soon as possible.

Hock Seng testified that during the meeting, Guan Eng suggested for state secretary Farizan Darus to sign the MoU on behalf of the Penang state government and that the council agreed.

The witness claimed that after the draft MoU was checked by the state legal adviser, he called Farizan and BUCG representatives to his office at Komtar on March 17, 2011, where the parties signed the MoU.

He said Guan Eng later attended an official signing ceremony for the MoU at Putrajaya on April 28 that same year, which was also witnessed by the prime ministers of Malaysia and China.

Hock Seng said on May 19 the same year, Guan Eng also directed him to speed up the Request for Proposal (RFP) related to the project.

Meanwhile, Hock Seng told the court that later on June 2 that year, the state executive council greenlighted a six-day trip for a state delegation to Beijing, China, which spanned from that day until June 8.

The witness explained that the BUCG chairperson had earlier, through a letter dated May 19, 2011, invited Guan Eng and the state delegation for the trip. He added that 10 people made the trip to Beijing.

Guan Eng is facing four graft charges in the Sessions Court.

One charge, framed under Section 16(A)(a) and Section 23 of the MACC Act, accuses him of using his position as then Penang chief minister for the gratification of RM3.3 million as inducement for helping a company belonging to Zarul to secure the island state’s RM6.3 billion undersea tunnel project.

The offence was allegedly perpetrated at the Penang Chief Minister's Office, 28th Floor, Komtar, George Town, Penang, between January 2011 and August 2017.

Under Section 23(1) of the MACC Act, the offence is punishable with imprisonment of up to 20 years and a fine not less than five times the value of the gratification or RM10,000, whichever is higher.

The second charge, also under Section 16(A)(a), accused Guan Eng, in his capacity as the then Penang chief minister, to have solicited from Zarul bribes amounting to 10 percent of the profits to be earned by the company as gratification for helping secure the project.

The offence was allegedly committed near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City, Kuala Lumpur, between 12.30am and 2am in March 2011.

The charge, framed under Section 16 of the MACC Act, provides for imprisonment for up to 20 years and a fine of not less than five times the value of the gratification or RM10,000, whichever is higher.

The DAP secretary-general also faces two counts of causing two plots of land, worth RM208.8 million and belonging to the Penang government, to be disposed off to two companies allegedly linked to the undersea tunnel project.

The two charges, framed under Section 403 of the Penal Code, carry imprisonment of up to five years, whipping, and a fine.

The offences were allegedly committed at the Penang Land and Mines Office, Level 21, Komtar, between Feb 17, 2015, and March 22, 2017.

Trial adjourned early

Meanwhile, Guan Eng’s trial was adjourned earlier this afternoon and to tentatively resume tomorrow.

This after Guan Eng’s counsel Gobind Singh Deo informed the court that he had close contact with a Covid-19 positive individual.

The lawyer, who is also the Puchong MP, said he got a telephone call earlier today that his parliamentary constituency assistant tested positive for Covid-19.

Gobind said he was in close proximity with the assistant three days ago for less than five minutes during a visit to the constituency to distribute food aid.

The lawyer added that he would be getting a swab test today and that he would inform the court of the result later.

Azura then allowed proceedings this afternoon to be adjourned, and to tentatively resume tomorrow, depending on the outcome of the test.

“With new (Covid-19) variants and (high new case) numbers now are very alarming, I remind parties to abide by the SOP (standard operating procedure), hence, we limit and restrict the number of persons (coming to court proceedings).

“This is not a normal situation, with the (new Covid-19 daily case) numbers now, we have to be strict with that.

“It is not my intention to restrict proceedings to anyone. It is better we take extra precaution,” Azura said.

Only a few deputy public prosecutors and lawyers were allowed into the Sessions Court today, while members of the media followed the proceedings via a live stream at separate rooms in the Kuala Lumpur Courts Complex. - Mkini