Following a medical procedure, former Penang chief minister Lim Guan Eng (above) has been discharged from the National Heart Institute (IJN).
As a result, Lim, who is a former finance minister, is expected to attend tomorrow's corruption trial linked to the Penang Undersea Tunnel project.
Counsel Haijan Omar told the Kuala Lumpur Sessions Court this morning that Lim has been discharged from the ward and is able to attend on-site proceedings tomorrow.
Yesterday, it was reported that Lim was warded at IJN for a medical procedure, thus given an MC (Medical Chit) to excuse his attendance from proceedings yesterday and today.
However, despite Lim's absence, trial judge Azura Alwi yesterday allowed the defence team's application for proceedings to continue without the accused, per Section 264 of the Criminal Procedure Code (CPC).
During proceedings today, where Lim was absent, Azura asked the defence lawyers whether the accused was well enough to attend trial tomorrow.
Azura: The accused is okay? Is he able to attend (trial) tomorrow?
Haijan: I believe he has been discharged from the (IJN) ward and will be present (at court) tomorrow.
Proceedings resumed today with the court hearing testimony from 20th prosecution witness and Penang state assembly officer Mohd Farulizam Che Meh.
The witness testified that Lim was Penang chief minister from March 11, 2008, until May 14, 2018, and that the accused was a member of the state assembly.
Farulizam also told the court that Lim’s basic salary was RM14,175 and his allowance was RM30,200, and Lim had declared his property and supplementary income on Penang’s web portal.
The trial will resume around 9.30am tomorrow morning.
The ongoing trial before the lower court is concerning the four graft charges against Lim, who is also the Air Putih assemblyperson.
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 Ahmad Mohd Zulkifli to secure the island state's RM6.3 billion undersea tunnel project.
Zarul is a senior executive director of Consortium Zenith Construction Sdn Bhd, the main contractor for the 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 of 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.
The Bagan MP 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, 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. - Mkini
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