The atmosphere in the Kuala Lumpur Sessions Court today grew hotter than usual during former Penang chief minister Lim Guan Eng’s corruption trial linked to the island state’s RM6.3 billion undersea tunnel project.
Friction was palpable between lead deputy public prosecutor Wan Shaharuddin Wan Ladin and lead defence counsel Gobind Singh Deo during the proceedings before the court.
The air between the two veteran legal practitioners heated up further after trial judge Azura Alwi dismissed the prosecution’s preliminary objection against the defence’s application for notes of proceedings from the Shah Alam Sessions Court.
The Shah Alam Sessions Court case involved the allegation that businessperson G Gnanaraja duped the senior executive director of Consortium Zenith Construction Sdn Bhd, Zarul Ahmad Mohd Zulkifli for the 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.
‘Good drama’
Both Zarul and Gnanaraja are now prosecution witnesses against Lim in the undersea tunnel graft trial. The defence team contends it needs the notes of proceedings to strengthen Lim's defence against the undersea tunnel graft case.
After Azura today dismissed the prosecution’s preliminary objection, Wan Shaharuddin informed the court that the prosecution team is ready to proceed with hearing of the merits of the defence’s bid to obtain the Shah Alam court notes of proceedings.
However, Gobind then claimed that the prosecution team indicated the opposite earlier in the day about not being ready to proceed with hearing the merits of the application.
“This is the standard of the defence (lawyer). Good drama,” Wan Shaharuddin said sarcastically while clapping his hands.
Gobind then shot back by questioning, “Is this what happened to our DPP’s standard?”
Azura attempted to calm down both sides and reprimanded Wan Shaharuddin, to which the prosecutor accepted the reprimand.
The DPP then asked the lower court to consider the way that Lim’s defence team had orally submitted as it allegedly amounted to threatening prosecutors.
‘Okay, stop all these arguments’
Gobind denied this, claiming the defence team was merely trying to make the application for the Shah Alam court notes of proceedings and threatened to cite Wan Shaharuddin for contempt of court.
“Do not come and threaten me,” the lawyer told the DPP, to which Azura firmly stepped in once more and told both sides to simmer down.
“Okay, stop all these arguments,” the trial judge sternly reprimanded the defence and prosecution teams.
Azura then adjourned proceedings for today and set March 23 to hear the merits of the notes of proceedings application.
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.
Two plots of land
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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