Lim Guan Eng’s legal team needs more time to get a response from the Shah Alam Sessions Court to access WhatsApp messages from 2017 about a RM2 million payment.
As a result, the Kuala Lumpur Sessions Court today adjourned the hearing of the former finance minister’s application to adduce the messages in his ongoing corruption case to March 1.
The Bagan MP’s legal team applied to access the messages to strengthen their contention that prosecution witnesses are lying about the purpose of the RM2 million payment mentioned in a WhatsApp conversation on July 23, 2017.
During open-court proceedings before trial judge Azura Alwi today, lead defence counsel Gobind Singh Deo said they are still waiting for the Shah Alam court to respond to their bid to obtain notes of proceedings linked to the messages.
“We require the notes of proceedings from Shah Alam Sessions Court to support our application here,” the lawyer told Azura.
Lim’s legal team applied to adduce the messages to strengthen his defence against the ongoing corruption case linked to the RM6.3 billion Penang undersea tunnel project.
The WhatsApp conversation was purportedly between two prosecution witnesses in the case against Lim - Consortium Zenith Construction senior executive director Zarul Ahmad Mohd Zulkifli and businessperson G Gnanaraja.
Gobind contended that Zarul - in a previous Shah Alam Sessions Court trial against Gnanaraja - claimed the RM2 million was for someone else and not for Lim.
However, in the ongoing graft trial against Lim at the Kuala Lumpur Sessions Court, Zarul testified that the RM2 million - described as ‘chocolate’ - was for Lim as part of bribes linked to the tunnel project when the accused was Penang chief minister.
The Shah Alam Sessions Court case initially involved Gnanaraja allegedly cheating Zarul. However, in December 2020, Gnanaraja pled guilty to an alternative charge under Section 218(1)(A) of the Companies Act 2016 and was fined RM230,000.
Deputy public prosecutor Wan Shaharuddin Wan Ladin today raised no objection to the adjournment application by Gobind, suggesting for the hearing be postponed to March 3.
The prosecutor said this would give more time for both parties to file new affidavits.
Azura then adjourned today’s proceedings to March 1.
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
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