Lim Guan Eng’s legal team contended that bribes labelled “chocolate” were actually for the prime minister back in 2017.
Counsel Gobind Singh Deo made the allegation during today’s trial of the corruption case against the former Penang chief minister linked to the state’s RM6.3 billion undersea tunnel project.
During open-court proceedings before the Kuala Lumpur Sessions Court, Gobind made the claim while cross-examining the eighth prosecution witness, MACC investigating officer Wan Mohd Firdaus Wan Yusof.
Yesterday, Bernama reported Gobind claiming that RM2 million in bribes - codenamed “chocolate” - allegedly given to Lim (above), was actually paid to another party.
As trial judge Azura Alwi presided over proceedings this morning, Gobind was asking Wan Mohd Firdaus about a forensic report allegedly containing the WhatsApp conversation dated July 23, 2017 at 9.41am.
The alleged conversation was purportedly between two other prosecution witnesses in the case, namely Consortium Zenith Construction Sdn Bhd senior executive director Zarul Ahmad Mohd Zulkifli and businessperson G Gnanaraja.
When Gobind asked whose birthday it was on July 23, 2017, Wan Mohd Firdaus said he did not know, to which the defence lawyer claimed it was the birthday of the prime minister that year.
Then Gobind referred to portions of the alleged conversation about “Taman Duta”, “big boss”, and “good birthday cutting cake”, to which Wan Mohd Firdaus confirmed it was as stated in the document before the witness in court.
“My client’s not born on that date and does not live at Taman Duta,” the lawyer said as former finance minister Guan Eng looked on from the dock.
When Gobind asked the witness whether “big boss” referred to the then-prime minister, Wan Mohd Firdaus said he could not say whether it was or not.
However, Gobind did not say in court which former prime minister it was.
The lawyer then told the court that this showed the prosecution is “suppressing evidence”, claiming the charges against Lim were “trumped up” and “they got nothing against my client”.
Objection to questioning
Deputy public prosecutor (DPP) Ahmad Akram Gharib then objected to Gobind’s line of questioning as the question is only proper to be asked to Zarul instead.
Fellow DPP Wan Shaharuddin Wan Ladin also objected to what was said by Gobind, urging the court to not record the “statement from the bar”.
The DPP said the lawyer “needs to go back to school” as the issue involved making an application under Section 51 of the Criminal Procedure Code.
Section 51 deals with the court’s power to issue an order to compel the production of documents relevant to a trial, among other things.
Wan Shaharuddin then carried out a re-examination of Wan Mohd Firdaus, to which the witness said the first reference to “chocolate” first arose in a separate conversation on Aug 17, 2017.
The witness agreed that the first reference to “big boss” arose on Aug 15, 2017.
Wan Shaharuddin: Please be objective. In the report, was it stated that no money was paid to Lim Guan Eng?
Wan Mohd Firdaus: No.
Wan Shaharuddin: Is there or not in the conversation that money was not paid to Lim Guan Eng?
Wan Mohd Firdaus: No.
Wan Shaharuddin: Did the report say or not that the money was paid to somebody else?
Wan Mohd Firdaus: No.
At this juncture, Gobind objected to the DPP’s line of re-examination, claiming that the prosecution should just agree to tender the report so everybody could see what the actual conversation was.
Azura then directed Lim’s defence team to file, within two-and-a-half weeks, a proper formal written discovery application for the report.
She then fixed Feb 15 to hear the application.
The forensic report was linked to a Shah Alam Sessions Court case involving Gnanaraja.
Back on June 24 last year, while testifying for the prosecution, Zarul claimed that on Aug 17, 2017, he instructed Gnanaraja to give RM2 million to Lim, using the words “chocolate” and “big boss”.
Corruption charges
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 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
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.