KUALA LUMPUR, Malaysia (July 9): Lim Guan Eng, the former chief minister of Penang and a member of Parliament (MP) from Bagan, has requested that his undersea tunnel graft trial, which is set to begin next week in the Sessions Court, be transferred to the High Court. Guan Eng’s lawyer and Puchong MP, Gobind Singh Deo, filed the motion yesterday, requesting that the forthcoming proceedings at the Sessions Court be postponed until this application is heard first.
The case has been scheduled on Monday morning (July 12) before High Court Justice Datuk Muhammad Jamil Hussin.
Guan Eng, a former finance minister, stated in his statement in support of the application, which was obtained by theedgemarkets.com, that his case should be transferred to the High Court because the allegations were brought under the Malaysian Anti-Corruption Commission (MACC) Act 2009.
Guan Eng further pointed out that the defendant is required to file his defense first under Section 62 of the Act. In another case involving him, however, the Court of Appeal ruled that the clause was illegal.
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The Federal Court granted the Court of Appeal’s appeal on December 14, 2017. The apex court ruling, however, lacks explicit reasoning.
“I firmly believe that the Federal Court’s ruling on whether Section 62 is constitutional is a critical legal issue for a just and fair trial,” he continued.
He further stated that there are legal concerns about the recording of prosecution witness statements under Sections 112 and 51 of the Criminal Procedure Code, as well as Sections 30 and 33 of the MACC Act, particularly remarks made before and during the trial.
“Datuk Zarul Ahmad Mohd Zulkifli (Senior Executive Director of Consortium Zenith Construction Sdn Bhd [CZC]) is a key witness in this case, in my opinion. My lawyers have requested that the witness statement not be treated as a privileged document and that it be made available to the defense team before or during the trial.
“This legal issue had been raised in two previous instances, including former Prime Minister Datuk Seri Najib Razak’s appeal to the Federal Court, where the Husdi versus the Public Prosecutor case was also mentioned. As a result, I feel that my case should be referred to the High Court so that the concerns surrounding Husdi’s case can be addressed there “he stated
The court has the authority to transfer the matter.
According to Guan Eng, the High Court has authority to transfer this case to the High Court under Sections 417 and 418 of the Criminal Procedure Code.
On August 7 of last year, the 60-year-old legislator claimed trial for corruptly soliciting gratification to help CZC acquire the undersea tunnel project.
In March 2011, he is said to have demanded 10% of the company’s profit from Zarul Ahmad at The Gardens Hotel, Mid Valley City, Lingkaran Syed Putra here.
Guan Eng was accused in the Butterworth Sessions Court on August 10 with using his position as the then-chief minister of Penang to seek RM3.3 million in gratification as an inducement for assisting the company in securing the RM6.3 billion project.
On September 11, the Bagan MP was accused in the same court with two charges of causing the Penang government to dispose of two plots of land worth RM208.8 million to two businesses affiliated to the state’s undersea tunnel project./n
