Guan Eng’s lawyers want key witness’ statement to MACC

 

Lim Guan Eng is accused of using his position as former Penang chief minister to ask for 10% of the profits from the undersea tunnel project.

KUALA LUMPUR: The defence in Lim Guan Eng’s undersea tunnel corruption trial wants the prosecution to produce a copy of a statement recorded from its key witness.

Representing the former Penang chief minister, Gobind Singh Deo told the sessions court here that they had requested a copy of Zarul Ahmad Mohd Zulkifli’s witness statement, which was recorded by the Malaysian Anti-Corruption Commission officers during their investigation.

Zarul, who is the senior director of Consortium Zenith Construction Sdn Bhd, is the prosecution’s key witness.

Deputy public prosecutor Wan Shaharuddin Wan Ladin told the court they were unable to produce Zarul’s witness statement, citing it as a privileged document.

“I will let the court make a ruling on this,” he said.

Judge Azura Alwi however said there was no formal application from the defence to obtain Zarul’s witness statement for her consideration.

In reply, Gobind said the defence wanted the witness statement for cross-examination purposes.

“We want to show that Zarul gave false evidence to the MACC during their investigation,” he said, referring to the parts in the witness statement where the businessman claimed he had paid bribes to former Penang exco member Lim Hock Seng.

Wan Shaharuddin responded by saying it was better for the defence to wait for Zarul to take the witness stand.

“We are taken aback by this application by the defence to use Zarul’s witness statement to cross-examine Hock Seng,” he said.

Guan Eng is accused of using his position as the chief minister to ask Zarul for a 10% cut of the profits from the undersea tunnel project.

The former finance minister is also accused of seeking RM3.3 million in kickbacks to appoint Zarul’s company to undertake the project.

Guan Eng also faces two counts of dishonestly misappropriating RM208.7 million worth of state land to two companies.

Earlier during cross-examination, Gobind asked Hock Seng when MACC had called him to facilitate investigations.

“They first met me about five years ago. Subsequently, they called me to the MACC Penang office to take my statement and asked me to identify documents,” he said.

Hock Seng said MACC officers also questioned him if he had received RM50,000 from Zarul.

“I denied it,” he added.

Gobind: Did MACC tell you during the investigations that Zarul also paid money (bribes) to others?

Hock Seng: No.

The lawyer also asked the witness on the appointment of law firm, Lee Hishammuddin Allen & Gledhill (LHAG) to draft the preliminary agreement between the Penang government and Consortium Zenith BUCG Sdn Bhd for the undersea tunnel project.

Hock Seng said LHAG was paid RM75,000 for the purpose, adding that the legal fees were “reasonable”.

“Yes, the firm was appointed to ensure the state and company’s rights are protected under the law,” he added.

He also confirmed that the lawyer in charge of drafting the preliminary agreement was Adlin Abdul Majid.

“She is well-versed in contract and agreement matters. I know that she is now a judicial commissioner,” Hock Seng said.

The hearing continues on Wednesday. - FMT