The investigation paper of the cheating case against businessperson G Gnanaraja linked to the RM6.3 billion Penang Undersea Tunnel project has been classified as “no further action” (NFA).
Deputy public prosecutor Mahadi Abdul Jumaat revealed this today during the corruption trial of former Penang chief minister Lim Guan Eng at the Kuala Lumpur Sessions Court linked to the same project.
Checks on the MACC website showed that Gnanaraja, 41, was sentenced to a fine of RM230,000 over a charge under Section 218(1)(A) of the Companies Act 2016, by the Shah Alam Sessions Court on Dec 23, 2020.
It is understood that the charge under the Companies Act was an alternative charge that the businessperson pleaded guilty to instead of the cheating charge.
“The investigation paper has been (classified as) NFA, we (the prosecution team conducting the case against Lim) do not have the report (on the Shah Alam case),” Mahadi informed trial judge Azura Alwi.
The prosecutor was responding to lead defence counsel Gobind Singh Deo’s intent to file an application to cite the prosecution for contempt of court for allegedly contravening a court order.
Gnanaraja (above) is a witness yet to be called by the prosecution in the case against Lim.
Gnanaraja was previously charged at the Shah Alam Sessions Court on April 3, 2019, for allegedly deceiving a businessperson on three occasions in 2017 into believing he (Gnanaraja) had political connections that could stop the MACC investigation against him (the businessperson).
The Shah Alam court case involved the allegation that Gnanaraja duped the senior executive director of Consortium Zenith Construction Sdn Bhd, Zarul Ahmad Mohd Zulkifli.
Zarul is also a key witness in the prosecution’s case against Lim, whereby he had previously testified that the accused had asked from him 10 percent of future profits in return for Zenith getting the project.
Earlier today during the undersea tunnel graft proceedings before Azura, Gobind had informed that Lim’s defence team would be filing an application to cite the prosecution team for contempt.
The lawyer claimed that this is because prosecutors failed to abide by the court order on Sept 29 for MACC forensic department investigation officer Wan Mohd Firdaus Wan Yusof to produce an image copy of the contents of a phone belonging to Zarul.
The court order is also for the prosecution to furnish details of the report, prepared for the Shah Alam court case, which contained a WhatsApp conversation between Zarul and Gnanaraja.
Gobind’s contempt claim arose following his cross-examination of Firdaus today, whereby the latter testified that he was unable to obtain the details sought by the defence team.
The witness explained that while he had made effort to secure the details, he had trouble trying to obtain them as the defence team did not provide the complete case number for the Shah Alam court case.
Gobind then questioned why this is a problem as DPP Nik Haslinie Hashim, who is a member of the prosecution conducting the case against Lim, also happened to be the same prosecutor involved in the Shah Alam case against Gnanaraja.
The counsel then informed the court that the defence team would be filing the committal application over the allegation that the prosecution is suppressing evidence in the case.
At this juncture, Mahadi then stood up and clarified that the investigation paper against Gnanaraja was classified as NFA.
The DPP, who said he was not part of the prosecution team in the Shah Alam case, contended there was no suppression of evidence by the prosecution, arguing that the WhatsApp conversation was not relevant in the present case against Lim.
Defence denies trying to delay proceedings
Mahadi also claimed that Lim’s lawyers were previously involved in various bids to obtain multiple documents done in stages that allegedly delayed the trial.
The prosecutor then said that the defence should file a formal application and list all the documents that they are seeking.
Haslinie, who was present today, also informed the court that even if the prosecution had the documents sought by the defence, they would still argue over its relevance.
Gobind then denied they were trying to delay proceedings, contending that the defence has the right to file any application for further documents or evidence at any stage of proceedings, due to any new developments that may arise.
Azura then informed the defence team to file the committal application before the court could decide anything else and set Oct 23 and 25 for the resumption of the trial.
Lim is on trial over four graft charges.
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. - Mkini
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