Former Penang chief minister Lim Guan Eng and his wife Betty Chew Gek Cheng today filed an application at the High Court in Penang to strike down their corruption and money laundering case.
The duo’s counsel RSN Rayer confirmed with Malaysiakini regarding this matter.
According to the cause papers sighted by Malaysiakini, the duo contended that the present charges against them are the same ones levelled against Lim in 2016, of which he was acquitted in 2018.
This was over the alleged conversion of state land status and purchase of a bungalow at below market value.
Via a copy of the affidavit in support of the striking-out bid, the husband and wife claimed that the present charges violated their fundamental right against being charged for the same offence which has seen the criminal court grant an acquittal.
Lim and Chew are relying on the legal principle of double jeopardy, namely that an accused person cannot be tried again on the same or similar charges, following an acquittal or conviction.
“My wife and I had already been investigated over the matters related to the second proceeding (the current criminal case against them) in 2016 as revealed by the facts and explanation above (in the cause papers).
“The charges for the second proceedings whereby the series of offences and (its) nature are the same as the ones charged in the first proceedings (the criminal case against Lim in 2016 for which he was acquitted in 2018),” the duo claimed.
Lim and Chew contended that the present charges violate the principle of double jeopardy.
Malaysiakini is attempting to reach out to the prosecution over the matter.
Back on May 26, the legal teams of Lim and Chew as well as businessperson Phang Li Koon informed the criminal court that they seek to nullify the charges against them.
Phang, who was charged with Lim in 2016, was also acquitted in 2018. In 2020, she was hauled again to the criminal court alongside Lim and Chew.
Initially charged at the Sessions Court in Butterworth in 2020, the trio’s case has since been transferred to the High Court in George Town. The High Court has set Sept 11 this year for mention of the case.
The charges
On Aug 11, 2020, Lim was charged - in his capacity as then chief minister and the Penang Development Corporation (PDC) Procurement Board’s chairperson - with using his position for gratification involving RM372,009 for his wife through Excel Property Management & Consultancy Sdn Bhd.
The charge claimed this was to ensure Magnificent Emblem Sdn Bhd was offered an invitation to propose a workers’ village - at Lot 631, Mukim 13, Juru, Seberang Perai Tengah, and part of Lot 282, Mukim 13, Batu Kawan, Seberang Perai Selatan, Penang - which is worth RM11,610,000.
The Bagan MP was accused of committing the offence between Aug 19, 2013, and March 3, 2016, at the chief minister's office, Level 28 of Komtar, in George Town.
The charge under Section 23(1) of the MACC Act 2009 carries maximum imprisonment up to 20 years, and a fine of not less than five times the sum or value of the gratification, or RM10,000, whichever is higher, if found guilty.
Phang was charged with abetting Lim in committing the offence at the same place and date.
Chew was charged with three counts of money laundering by allegedly receiving RM372,009 from a company through her bank account.
Chew was alleged to have received RM87,009, RM180,000 and RM105,000, respectively, which were contended to be proceeds from unlawful activities, from Excel Property Management & Consultancy, and which were purportedly deposited into her Public Bank Bhd account.
She was alleged to have committed the offences between Oct 7, 2013, and Aug 4, 2014, for the first charge, between Sept 3, 2014, and Aug 11, 2015, for the second charge, and from Sept 4, 2015, to March 3, 2016, for the third charge.
The three counts alleged the offences were all committed at Public Bank Berhad, Taman Melaka Raya branch in Malacca.
The charges under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2002 provide a maximum fine of RM5 million, or imprisonment not exceeding five years, or both if convicted.
Lim, 62, Chew, 58, and Phang, 50, have claimed trial to all the charges.
Before the Sessions Court in Kuala Lumpur, Lim has an ongoing graft trial linked to Penang's RM6.3 billion undersea tunnel project. - Mkini
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.