KUALA LUMPUR, Oct 24 — The Sessions Court here today allowed an objection raised by the prosecution in former Penang chief minister Lim Guan Eng’s undersea tunnel corruption case to a question raised by the defence over a WhatsApp conversation between its witness and businessman G. Gnanaraja concerning Datuk Seri Najib Razak.
Judge Azura Alwi ordered the question to be expunged because it was irrelevant.
“Why do you (lawyer) raise the issue of ‘trial by media’ because the charges against the accused are under the Malaysian Anti-Corruption Commission Act? The prosecution needs to prove the case about accepting (bribery), why compare what the witness said about other matters,” she said.
Earlier, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin told the court that the question by the defence to the former director of Consortium Zenith Construction Sdn Bhd, Datuk Zarul Ahmad Mohd Zulkifli, who is the 23rd prosecution witness, concerned the former prime minister.
He said Lim’s lawyer, RSN Rayer, had asked Zarul Ahmad about his relationship with Gnanaraja, which according to Rayer was good based on the WhatsApp conversation between the two men.
“There is no need for a deeper explanation about the conversation,” said Wan Shaharuddin.
The question also angered Zarul Ahmad as it had nothing to do with the charges facing Lim and it was a personal attack on the witness.
However, Rayer said the question was important to prove the closeness between Gnanaraja and then prime minister Najib.
He said his action of asking personal questions to Zarul Ahmad was in line with the prosecution’s previous action which triggered a “trial by media” for suggesting that Lim received a bribe from him (Zarul Ahmad).
However, Wan Shaharuddin said the testimony by the witness that the accused received 10 per cent of the bribe was related to the charges facing Lim.
According to the first amended charge, Lim, 63, is alleged of using his position as chief minister of Penang at the time to receive bribes amounting to RM3.3 million, by helping a company owned by Zarul Ahmad to be appointed to implement a highway and undersea tunnel project in Penang worth RM6,341,383,702.
Lim is alleged to have committed the act between January 2011 and August 2017 at the Penang Chief Minister’s Office.
For the second amended charge, Lim is alleged to have sought a bribe of 10 per cent of the profits from Zarul Ahmad as an inducement to help the businessman’s company be appointed for the same project.
Lim allegedly committed the act near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City between 12.30am and 2am in March 2011.
He is also facing two charges of causing two lots of land owned by the Penang government worth RM208.8 million to be disposed off to companies allegedly linked to the undersea tunnel project in the state.
The offence was allegedly committed at the Penang State Land and Mines Office, Komtar on February 17, 2015, and March 22, 2017.
The hearing continues on November 15. — Bernama