Malaysia
Graft trial proceeds without Guan Eng after lawyer says ex-CM in hospital
Lawyer Gobind Singh Deo arrives at the Kuala Lumpur High Court December 14, 2021. u00e2u20acu201d Picture by Miera Zulyana

KUALA LUMPUR, Dec 14 — Lim Guan Eng’s corruption trial at the Sessions Court today was allowed to continue without his attendance as he is currently hospitalised after a recent medical procedure.

Lim’s lawyer, Gobind Singh Deo, informed the Sessions Court that his client was admitted to the National Heart Institute (IJN) on Sunday and given medical leave from December 13 to December 15.

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However, Gobind asked for the court to resume today’s proceedings without the presence of the accused under Section 264 of the Criminal Procedure Code as they had no issues with three formal witnesses set to testify on the stand later.

"With respect, Your Honour, the accused is not present today but both his bailors are here.

"The accused is warded in IJN and underwent a procedure yesterday and I have been informed that he has been given medical leave for three days, so he is not here today.

"But we are asking permission for the court to resume proceedings without the presence of the accused for the three formal witnesses, we are okay with that,” he told Sessions Court judge Azura Alwi.

Deputy public prosecutor Wan Shaharuddin Wan Ladin expressed sympathy and wished Lim well, but criticised the timing due to its effects on today’s proceedings.

"The accused met with a medical consultant on December 7 and was given a date for check-up cum admission on December 12.

"What is regretful is that the accused knows that his case is fixed for hearing yet chose to get admitted on December 12.

"I hope this will not repeat again in the future,” he said.

Azura later allowed proceedings to resume under Section 264 of the CPC, with the prosecution’s 17th prosecution taking the stand.

The prosecution’s 17th witness, Vijayalakchimi Subramaniam affirmed in court several minutes of meetings she had recorded as secretary of the Penang state executive council between 2013 and 2016.

Vijayalakchimi told the court that the state executive council meetings discussed Consortium Zenith BUCG Sdn Bhd’s RM6.3 billion undersea tunnel and major roads construction project.

Maheswari Malayandy, the prosecution’s 18th witness, also similarly affirmed several minutes of meetings she took between 2011 and 2014 where the Penang state executive council discussed the tunnel and roads project.

Later, the prosecution called its 19th witness, Ng Wee Kok who was Lim’s principal private secretary when the latter was Penang chief minister.

Ng testified that members of the Penang state executive council had neither objected to nor offered suggestions to the proposed projects despite convening many times.

He confirmed that all decisions were made collectively by the council members when he attended those held between January 2011 and May 2012.

"All the council’s meeting minutes and its content will be reviewed by both the chief minister and the state secretary before they are confirmed by council members in the following meeting and subsequently approved by the state governor,” he testified.

Ng was referred to the particular minutes of a meeting dated January 26, 2011; and affirmed that Lim mentioned a private company was exploring the suggestion to build an undersea tunnel and had also planned to sign a Memorandum of Understanding (MoU) with the state government.

Previously, the prosecution’s third witness, Datuk Lim Hock Seng told the court that Lim ordered him to contact two of the company’s representatives which "lobbied” for an undersea tunnel project.

The instruction was relayed immediately after the January 26 meeting concluded.

Hock Seng was then the Penang state executive councillor in charge of public works, utilities and transportation.

In this trial, Lim faces four charges, one under Section 16(a)(A) of the Malaysian Anti-Corruption Commission Act for having allegedly solicited kickbacks of 10 per cent of future profits from Zarul as a reward to help the latter’s company secure the project in March 2011, as the then CM.

He is also facing a charge under Section 23(1) of the same Act for allegedly receiving RM3.3 million in kickbacks from Zarul between January 2011 and October 2017 for allegedly helping the latter’s company secure the mega project.

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