Prosecutors charging us in ‘instalments’, rue Guan Eng and wife in graft case

 

Former Penang chief minister Lim Guan Eng said the present charge was identical to the Pinhorn Road bungalow case, of which he was acquitted and discharged in 2018. (Bernama pic)

GEORGE TOWN: Former chief minister Lim Guan Eng said an abuse of power and money laundering case brought against him and wife Betty Chew, was a form of double jeopardy and should be dropped immediately.

In a court filing, Lim said the present charge was nearly identical to the Pinhorn Road bungalow case brought in 2016, which he was discharged and acquitted of two years later.

He also said the documents to be adduced as evidence in the current case has been lifted from the bundle of evidence used in the 2016 bungalow case.

Lim identified 106 items in the prosecution’s evidence which he said were identical in both cases.

He also noted that 14 bundles of documents in the present case also formed part of the 37 bundles comprising 7,724 pages used in the 2016 bungalow case.

“The present charge against us could have been brought in the earlier proceedings (the 2016 bungalow case), but the prosecution failed to do so.

“The prosecution appears to have decided to charge us in instalments, which is against the law since they had the chance to do so in the previous proceedings.

“The preferring of charges based on the same set of alleged offences or one that is nearly identical is an abuse of process on the part of the prosecution even though the offences are distinct in law,” he said in a supporting affidavit filed to strike out the case.

The filing was made by law firm RSN Rayer and Co.

Based on those facts, Lim said he strongly believed that the current charge against him offends the “double jeopardy” principle.

Pending disposal of the striking out application, Lim and Chew are asking the court to suspend all further proceedings in the case.

The charges against the couple and businesswoman Phang Li Koon involve the award of a RM11.6 million foreign workers’ dormitory project under the auspices of a Penang state agency.

Lim is accused of giving gratification worth RM372,009 to his wife via Excel Property Management & Consultancy Sdn Bhd to ensure that Magnificent Emblem Sdn Bhd was awarded the project at Juru and Batu Kawan.

All three have pleaded not guilty.

The case is fixed for case management on Sept 11 before judicial commissioner Rofiah Mohamad. - FMT