Former finance minister Lim Guan Eng’s corruption trial linked to the Penang undersea tunnel project will remain at the Kuala Lumpur Sessions Court.
This followed on the heels of the three-person Court of Appeal this morning unanimously dismissing the former Penang chief minister’s appeal to have the Kuala Lumpur High Court preside over the graft case.
Lim (above) was appealing against the High Court decision on July 12, which dismissed his application to transfer the corruption case. He then appealed to the Court of Appeal.
The Bagan MP’s counsel Haijan Omar confirmed today’s unanimous decision by the Court of Appeal bench presided by Nor Bee Ariffin. The other members are Che Mohd Ruzima Ghazali and Hashim Hamzah.
“The appeal was dismissed,” the lawyer said when contacted, adding that he would be taking instructions from Lim on whether to appeal to the Federal Court.
Lim sought to get the case transferred to the High Court so that in the event there is an appeal, it could reach the Federal Court, where the apex court would allegedly be the most suitable avenue to decide on certain legal issues tied to the case.
Under the criminal justice system, a criminal case tried at the Sessions Court can only be appealed up to the Court of Appeal while an appeal for a criminal case heard by the High Court can go up to the Federal Court.
Lim claimed that the High Court is the suitable venue for the graft case as it involves several legal issues.
Among them is the issue of whether an accused needed to disclose his statement of defence to the prosecution before the commencement of a trial, and whether a prosecution witness’ statement can be shared with the defence prior to trial.
The issue of the witness statement is in relation to prosecution witness Zarul Ahmad Mohd Zulkifli, who is a senior executive director of Consortium Zenith Construction Sdn Bhd, the main contractor for the undersea tunnel project.
The prosecution, led by DPP Wan Shaharuddin, contended that the transfer application amounted to an abuse of the court process.
They contended that the Federal Court had already decided on the issues linked to Lim's case.
Trial will resume on Nov 29
Lim faces four graft charges in the Kuala Lumpur 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 Lim, 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.
Lim also faces two counts of causing two plots of land, worth RM208.8 million and belonging to the Penang government, to be disposed of to two companies allegedly linked to the undersea tunnel project.
The two charges, framed under Section 403 of the Penal Code, specify 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.
The trial before the lower court will resume on Nov 29. - Mkini
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