SEBERANG PERAI, Aug 11 — Former finance minister Lim Guan Eng and businesswoman Phang Li Koon have claimed trial to graft charges at the Butterworth Sessions Court here.
Today, Lim was charged with using his position as the Penang chief minister and on the Penang Development Corporation (PDC) Tender Board to obtain gratification of RM372,009 for his wife Betty Chew Gek Cheng through Excel Property Management & Consultancy Sdn Bhd.
He allegedly used his position to ensure Magnificent Emblem Sdn Bhd was offered a request for a proposal for a workers’ quarters project in Batu Kawan in South Seberang Perai worth RM11,610,000.
He allegedly committed the offence some time between August 19, 2013 and March 3, 2016 at the Penang Chief Minister’s Office on Level 28 of Komtar.
He was charged under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009.
Under Section 24(1) of the Act, he faces a jail term of not more than 20 years, a fine of no less than five times the amount involved, or RM10,000, whichever is higher.
Phang was charged with abetting Lim in committing the offence.
She was charged under Section 28(1)(c) of the MACC Act 2009 to be read together with Section 23(1) and Section 24(1).
She faces a jail term of not more than 20 years, a fine of no less than five times the amount involved, or RM10,000, whichever is higher.
Phang’s lawyer, Datuk V. Sithambaram, argued in court that the new charges represented double jeopardy as she was already fully acquitted in 2018 over a different charge but with the same material facts.
He cited Article 7(2) of the Federal Constitution that prohibited prosecuting a person more than once for an offence unless their acquittal or conviction has been quashed.
Sithambaram added that 20 witnesses testified in that case and noted that the prosecution did not contest the acquittal.
“It is tried law and Phang is caught in a political crossfire,” he said.
Deputy Public Prosecutor Ahmad Akram Gharib then applied for a bail of RM100,000 bail and for Phang to surrender her passport for the duration the trial.
Sithambaram objected by saying Phang had appeared as required during her previous case in 2016, and that she needed to travel abroad regularly in her line of work.
Sessions Court Judge Ahmad Azhari Abdul Hamid then set bail at RM50,000 each for Phang and Lim, without requiring Phang to surrender her passport.
He set the mention date for both cases on October 16.
