Guan Eng claims trial to allegedly soliciting bribes from Penang undersea tunnel project contractor
Court Complex August 7, 2020. ― Picture by Shafwan Zaidon
KUALA LUMPUR, Aug 7 — Former Penang chief minister Lim Guan Eng pleaded not guilty after he was charged this morning with allegedly seeking a bribe to help a company be appointed for the infrastructure works including the RM6.3 billion Penang undersea tunnel project.
The DAP secretary-general, whose lead counsel is Puchong MP Gobind Singh Deo, was formally accused of soliciting the bribe from one Datuk Zarul Ahmad Mohd Zulkifli.
The charge sheet alleged that Lim, who is also a former finance minister, asked for 10 per cent of the potential profits obtained by the contractors from the completed project.
He was accused of committing the offence nearby the Gardens Hotel along Lingkaran Syed Putra, Mid Valley City, within the capital, in March 2011, when he held the position of chief minister.
The charge was read out to Lim in Malay, who responded with “not guilty” in Malay when asked for his plea. - Malay Mail, 7/8/2020
Fresh evidence led to acquittal of Lim Guan Eng: DPP
He defends move to drop graft case amid calls for more transparency on basis for decision
Malaysia's deputy public prosecutor (DPP) has defended his decision to drop the corruption case against Finance Minister Lim Guan Eng, amid calls for more transparency and scrutiny of whether there was political interference in the process.
DPP Mohamad Hanafiah Zakaria said in a statement yesterday that the charges against Mr Lim were withdrawn after fresh evidence surfaced during the trial.
Without giving details, Datuk Mohamad Hanafiah said that the evidence had emerged during the cross-examination of prosecution witnesses.
"I concluded that as a result of the cross-examination of the prosecution witnesses who have testified so far, the evidence supporting the first charge under Section 23 of the MACC (Malaysian Anti-Corruption Commission) Act and under Section 165 of the Penal Code has been substantially weakened. This conclusion was arrived in the light of fresh evidence that has arisen during the cross-examination of prosecution witnesses," he said.
"I would not be fulfilling my duties as deputy public prosecutor to let the case continue, knowing full well that the case against both Lim Guan Eng and (businesswoman) Phang Li Koon would not succeed at the end of the prosecution case," he said.
On Monday, the Penang High Court acquitted Mr Lim of two charges - that he used his former position as chief minister of Penang to approve the conversion of land, and that he gained gratification for himself by buying a bungalow below market value.
The prosecution had asked for a discharge not amounting to an acquittal, but the judge ordered a full acquittal instead.
Fuelling the outcry over Mr Lim's acquittal was anti-graft agency MACC's statement on Monday that it was shocked by the decision to drop the case, which it said was made by the Attorney-General's (A-G) office, and not the MACC.
Sources told The Straits Times that the decision does not sit well with the commission as its investigators believe there is evidence of Mr Lim abusing his position.
"What is upsetting is, the new government reinstated a person of integrity like Datuk Seri Shukri Abdull back in MACC, only to have the charges in a high-profile case like this thrown out.
"If there was insufficient evidence, the A-G would not have initiated prosecution and charged them in the first place. This doesn't only reflect on the judicial system, but also on the MACC," a source said.
Mr Shukri's return to the agency this year was lauded because he was made to leave in 2016 by the former Barisan Nasional administration after probing financial mismanagement at state fund 1Malaysia Development Berhad.
Another source said: "Shukri was so upset and angry when he found out (about the decision) that he went to the AGC's (Attorney-General's Chambers) office to seek clarification. There, he made it clear that he would not hesitate to 'open a file' on anyone who is a 'puppet' controlled by hidden hands."
Mr Lim's acquittal comes after his lawyers filed representations to the AGC for the case to be dropped after the Pakatan Harapan (PH) government took power in May, arguing that the charges against Mr Lim were politically motivated.
Mr Lim was charged with corruption in 2016, when PH formed the opposition. He is secretary-general of the Democratic Action Party, one of the four member parties of PH.
Ms Phang, who sold the bungalow to Mr Lim, was also acquitted of the corruption charge against her.
Opposition politicians and civil society groups have questioned this "selective non-prosecution", and asked the AGC to give reasons for its decision.
Umno Youth chief Asyraf Wajdi Dusuki described the decision as a "black mark in the history of New Malaysia". "The move to drop Guan Eng's case without a solid explanation and clear justification by the AGC only highlights that justice is not being served," he said.
MP Tian Chua, who is a vice-president of Parti Keadilan Rakyat, which is part of PH, yesterday urged the AGC to explain the basis for the acquittal to uphold the promise of transparency given by the PH government.
Some lawyer groups have also called for Attorney-General Tommy Thomas, recently appointed by the PH administration, to resign for not upholding the rule of law.
However, Mr Mohamad Hanafiah said that Mr Thomas had no hand in the decision to withdraw the case, after he recused himself from the matter last month.
He also stressed that the decision to initiate or discontinue any prosecution is a matter within the prerogative and powers of the public prosecutor, and that his decision was arrived at without any influence from any quarters.
How the case unfolded
HOW IT ALL BEGAN
The controversy over the bungalow purchase made by then Penang Chief Minister Lim Guan Eng began after an Umno Member of Parliament alleged in March 2016 that Mr Lim had bought the RM2.8 million (S$931,000) home for much lower than its actual value.
The allegations by Datuk Shabudin Yahaya about the two-storey bungalow in Jalan Pinhorn, which Mr Lim had purchased from businesswoman Phang Li Koon in 2015, set off a chain of events which led to Mr Lim being investigated by the Malaysian Anti-Corruption Commission (MACC).
THE CHARGES
MACC officials arrested Mr Lim and Ms Phang on June 29, 2016. Both were charged at the Penang Sessions Court a day later.
Mr Lim, 58, was charged with abusing his position to approve a re-zoning application by a company called Magnificent Emblem to convert agricultural land in Balik Pulau into a residential zone - a move that would have raised the land's value dramatically.
He was alleged to have committed the offence while chairing a Penang state planning committee meeting on July 18, 2014. According to local media reports, Ms Phang had been a director of Magnificent Emblem at the time.
Mr Lim also faced a second charge of using his position to obtain a plot of land and the Jalan Pinhorn bungalow in July 2015 from Ms Phang for RM2.8 million.
The court documents stated that the actual market value of the bungalow was RM4.27 million.
Mr Lim would have faced up to 20 years in jail if convicted.
Ms Phang was charged with abetting Mr Lim to obtain the bungalow at an undervalued price. She would have faced up to two years in jail if convicted.
Both pleaded not guilty to the charges.
Mr Lim, who was released on bail, was adamant from the start that he was innocent, saying that he would not "submit to such dirty and vicious political plays to destroy my reputation".
THE TRIAL
The trial, which began on March 26 this year, saw 25 witnesses being called in. It was postponed briefly to allow Mr Lim to campaign in Malaysia's May 9 General Election.
After Mr Lim's Pakatan Harapan alliance was elected to power in May, his lawyers filed representations to the Attorney-General's Chambers (AGC) for the charges to be dropped, saying they were politically motivated.
The High Court gave the prosecution until Sept 3 to decide whether to proceed with the corruption charges.
ACQUITTAL
On Sept 3, the AGC withdrew all the charges.
Although the prosecution had requested a dismissal not amounting to an acquittal, High Court judge Hadhariah Syed Ismail acquitted both the accused.
She said the charges could not "be hanging over the heads of the accused indefinitely". - Straits Times, 5/9/2018
Penang High Court acquits Guan Eng, Phang of corruption
GEORGE TOWN: The High Court here on Monday granted a discharge amounting to an acquittal on former Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon over their corruption charges, two years ago.
This followed an application made by Deputy Public Prosecutor Datuk Masri Mohd Daud to the court, based on a representation sent by the defence to the Attorney-General to withdraw the case, on July 6.
Masri had applied for a discharge not amounting to an acquittal.
Lim’s lead counsel, Ramkarpal Singh, and Phang’s lead counsel, Datuk V. Sithambaram, had requested for a full acquittal.
Judge Datuk Hadhariah Syed Ismail, in her judgment, agreed with the counsels that the charges “cannot be hanging over the head of the accused indefinitely.”
She stressed that there must be “finality.”
She said a total of 25 witnesses had been called and the case was last heard in March.
“The court cannot be slow. After six months, the prosecution has not proceeded with the matter. We do not conduct cases on installment. There must be a stop. No commas.
“The charge cannot be left hanging over the head of the accused indefinitely. We cannot be waiting for another six months for the case to proceed.
“I cannot agree with the prosecution’s application because by doing so the court cannot close the case file. That cannot be the case. If we want to proceed, then we should proceed from A to Z.
“So after studying the whole case, and the long duration to get the decision, the court orders both accused to be discharged amounting to an acquittal,” she said.
Earlier, Masri told the court that they had studied the defence’s representation and the prosecution decided to withdraw the case under provisions of Section 254(3) of the Criminal Procedure Code.
“This withdrawal is however a discharge not amounting to an acquittal,” he said.
Ramkarpal then argued that the prosecution’s application meant that there would not be a “full stop” to the case, but merely a postponement.
“We can understand that if they can’t get witnesses. However, the prosecution has indicated that they do not wish to proceed with the case at all.
“So, the proper order should be a full acquittal,” he said.
Sithambaram said if the court acceded to the prosecution, then this would mean that the charges had been withdrawn, but three or six months later, they could continue with it.
“This will be a nightmare for the accused. There has to be a finality.
“The justice of this matter is not about the personality involved but the 25 witnesses who were called to testify and cross-examined,” he added.
As soon as the court stood down, 58-year-old Lim, who is currently the Finance Minister, was seen hugging Phang, 46.
He was then congratulated and embraced by his supporters, including DAP state executive councillor, members of parliament and assemblymen who were present.
Also seen in court were Phang’s family members.
Speaking outside the court, Ramkarpal said the court’s order meant that there could not be any further prosecution on the accused.
“We are glad that our representation has been accepted. The fact that it took a long time meant that it had been studied thoroughly.
“We are very satisfied with the decision,” he noted.
Sithambaram said he was grateful that their representations were accepted.
“The learned judge made the right decision in acquitting the accused. This means they can now carry on with their lives,” he added.
The long-awaited trial began on March 26 this year, and was subsequently postponed pending the 14th general election.
It was further postponed when the accused made separate representations for their charges to be dropped.
On June 30, 2016, Lim claimed trial to using his position as a public officer, namely, the then chief minister of Penang, to gain gratification for himself and his wife, Betty Chew Gek Cheng.
He was accused of doing so by approving the application for conversion of agriculture land to a public housing zone in the southwest district to a company, Magnificient Emblem Sdn Bhd.
He was charged with committing the offence while chairing the State Planning Committee meeting at the operations room, Level 28, Komtar building here, on July 18, 2014.
The charge under Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 provides an imprisonment for up to 20 years and a fine of up to five times the sum or value of the bribe, or RM10,000, whichever is higher.
In the second charge, Lim also claimed trial to using his position to obtain for himself a plot of land and a house, located at No 25, Jalan Pinhorn, George Town, from Phang for RM2.8 million, a price which he allegedly knew did not commensurate with the property’s then market value of RM4.27 million.
The offence was allegedly committed at No 25 Jalan Pinhorn, George Town here on Oct 21, 2015.
The charge was under Section 165 of the Penal Code, which provides an imprisonment for up to two years, or a fine, or both.
Phang was charged with abetting Lim in obtaining the bungalow at an undervalued cost at the same place and date.
She was charged under Section 109 of the Penal Code, read together
with Section 165 of the same law, which provides an imprisonment for up
to two years, or a fine, or both, upon conviction. New Straits Times, 3/9/2018
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