Prosecutors contended that Lim Guan Eng’s lawyers already have WhatsApp conversations about an RM2 million payment between 2017 and 2019.
During proceedings of Lim's corruption trial linked to the RM6.3 billion Penang Undersea Tunnel project today, DPP Ahmad Akram Gharib told the Sessions Court in Kuala Lumpur that the former finance minister’s application to get the forensic report about the messages is frivolous.
Before trial judge Azura Alwi, Akram pointed out that the defence team had several times referred to copies of the WhatsApp conversation between Consortium Zenith Construction Sdn Bhd senior executive director Zarul Ahmad Mohd Zulkifli and businessperson G Gnanaraja.
“Any questions on the WhatsApp conversations can be made against the two (prosecution witnesses Zarul and Gnanaraja).
“It is not necessary or needed for the defence to have them (forensic report and a complaint lodged by Zarul against Gnanaraja for a separate case at the Shah Alam Sessions Court) to cross (Zarul and Gnanaraja among several prosecution witnesses).
“They already have it, they do not deny, so this made the application frivolous and an abuse of the court process,” Akram said as Lim (above) looked on from the dock.
The prosecutor also urged the defence team not to resort to personal attacks against members of the prosecution team, adding that they are just doing their jobs and they have no other interests involved in carrying out their duty and that their salaries remained the same at the end of the day.
‘Evidence suppression’
Earlier this morning during oral submission in the application to get the forensic report as well as Zarul’s report lodged with the authorities against Gnanaraja, counsel Gobind Singh Deo reiterated the defence’s claim that the prosecution is suppressing evidence.
The lawyer claimed that this was the reason behind the prosecution’s refusal to hand over the forensic report and Zarul’s first information report (FIR).
Gobind contended that the prosecution team was well aware of the “fixed-up” case against Lim because Zarul and other witnesses testified in the Shah Alam Sessions Court that the RM2 million was for somebody else and not for Lim.
The Shah Alam Sessions Court case against Gnanaraja was over a charge of cheating Zarul in relation to the tunnel project.
However, in December 2020, Gnanaraja pleaded guilty to an alternative charge under Section 218(1)(A) of the Companies Act 2016 and was fined RM230,000. The investigation paper on the cheating case was classified as no further action (NFA).
Both Zarul and Gnanaraja are now prosecution witnesses against Lim in the undersea tunnel graft trial.
The defence team contends it needs the forensic report to strengthen Lim's defence against the undersea tunnel graft case and show that Zarul and Gnanaraja are lying in their testimony against Lim.
Defence only has ‘part of’ conversation
Meanwhile, during proceedings before Azura today, Gobind submitted that the defence team only has part of the WhatsApp conversation in contention.
The lawyer said they need the forensic report so they could access all relevant WhatsApp conversations in order to enable proper cross-examination of Zarul and other prosecution witnesses.
Gobind said this is especially important since Zarul had claimed during cross-examination to not recall parts of the conversation.
The lawyer also claimed that the case against Lim was politically motivated as the accused was hit with the case after the Sheraton Move in February 2020 and that the cheating case against Gnanaraja was resolved in late 2019.
Gobind questioned why the Gnanaraja Shah Alam court case, after one year of investigation leading to the cheating charge and after 20 witnesses testified in court, was suddenly resolved in late 2019, with the same witnesses in that case suddenly being brought in to testify against Lim in the present case.
“This is 100 percent political, the Sheraton Move was in February (2020), so what happen was the prosecution said the witnesses came back and changed their statement,” Gobind claimed, adding that an MACC officer lodged a report against Lim in January that same year (2020).
At the end of proceedings, Azura set April 5 to deliver the decision for the defence’s application.
Lim, who is Bagan MP, 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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