The defence in the corruption case involving former Penang Chief Minister Lim Guan Eng and a businessman has requested a copy of the main witness’ statement recorded by the Malaysian Anti-Corruption Commission (MACC). The defence intends to challenge the credibility of the witness, Datuk Zarul Ahmad Mohd Zulkifli, who is the director of Consortium Zenith Construction Sdn Bhd (CZCSB). There are conflicting statements in Zarul’s testimony in court, specifically regarding the alleged RM2 million given to Lim and former Prime Minister Datuk Seri Najib Razak.
Gobind Singh Deo, Lim’s lawyer, explained that the defence has the right to question Zarul about the conflicting statements made in his testimony. In earlier proceedings, Zarul stated that the RM2 million was for Lim only, but during his testimony in court, he mentioned that the money was given to Najib as well. The defence is applying to challenge Zarul’s credibility under Section 145 of the Evidence Act 1950.
Gobind also mentioned that during Zarul’s testimony to the MACC in another case involving G. Gnanaraja, Zarul stated that the RM2 million was given to the businessman to halt the MACC’s investigation into his company. However, on Monday, Zarul testified that RM2 million in cash was given to Najib to stop the MACC’s investigation on his company and a cheque for RM2 million was given to Lim in connection with the undersea tunnel and main roads project in Penang.
The Deputy Public Prosecutor, Datuk Wan Shaharuddin Wan Ladin, objected to the application, arguing that it was not done according to procedure and had no basis. He added that the defence can cross-examine the witness to obtain the information instead. Wan Shaharuddin stated that the application is premature and the defence’s intention is to scrutinize Zarul’s statement, not start a proceeding to challenge his credibility.
DPP Mahadi Abdul Jumaat submitted that the application should be denied because the statement is considered a privileged document under the Evidence Act. After hearing submissions from both parties, Judge Azura Alwi scheduled a decision on the application for November 2 and adjourned the proceedings for October 25 and November 1.
Lim Guan Eng is facing four corruption charges related to the proposed construction of an undersea tunnel and paired roads project in Penang. The first charge accuses Lim of abusing his power as the former Penang Chief Minister to obtain RM3.3 million as an inducement to appoint Zarul’s company for the project. The offence is alleged to have been committed between January 2011 and August 2017.
In the second amended charge, Lim is accused of asking Zarul for a 10% profit reward for assisting his company in securing the projects. This charge took place at The Gardens Hotel in Mid Valley City in March 2011.
Lim is also facing two additional charges for dishonestly disposing of two plots of land belonging to the Penang government to the developer of the undersea tunnel project. These offences allegedly occurred in 2015 and 2017. – Bernama
