After five years and 38 witnesses, prosecution closes case in Lim Guan Eng trial

KUALA LUMPUR, Oct 27 — After more than five years of proceedings and calling 38 witnesses, the prosecution today closed its case in the RM6.3 billion undersea tunnel and major roads project corruption trial involving former Penang chief minister Lim Guan Eng.

Deputy Public Prosecutor (DPP) Datuk Wan Shaharuddin Wan Ladin, who led the prosecution team, informed Sessions Court Judge Azura Alwi that the prosecution was closing its case after its 38th witness, Malaysian Anti-Corruption Commission (MACC) headquarters senior superintendent Zulhilmi Ramli, who was also the investigating officer, concluded his testimony.

“Alhamdulillah, first of all, we would like to record our appreciation to your honour for patiently hearing this case for over five years. I hereby close the prosecution’s case and offer Penang Mayor Datuk Rajendran P. Anthony to the defence should they be called to enter their defence,” he said.

Azura then ordered both the prosecution and defence to file their written submissions by January 13, and fixed January 26 and 27 next year to hear oral submissions.

The trial commenced on July 13, 2021. Among the key witnesses called were former Consortium Zenith Construction Sdn Bhd director Datuk Zarul Ahmad Mohd Zulkifli, former Penang state executive councillor Datuk Lim Hock Seng, former Penang state secretary Datuk Seri Farizan Darus, former tourism and culture minister Datuk Seri Mohamed Nazri Abdul Aziz, and businessman Datuk Seri G. Gnanaraja.

The trial drew significant attention following several notable developments, including the death of former Ewein Bhd group managing director Datuk Ewe Swee Kheng, who was found dead after reportedly falling from a luxury condominium unit in Jalan Kelawei, Penang, at 5.37am on October 5, 2021.

Ewe, 53, was the 15th prosecution witness scheduled to testify in the trial.

On December 16, 2021, the court allowed Ewe’s recorded statement to be admitted as evidence in Lim’s trial.

In today’s proceedings, Wan Shaharuddin was assisted by DPPs Mahadi Abdul Jumaat, Khairunnisa Hazwani Omar, Farah Yasmin Salleh, and Julaila Jamaludin, while Lim was represented by counsel Ramkarpal Singh, RSN Rayer, Mohd Haijan Omar, Tiara Katrina Fuad, and Asyraaf Abu Bakar Hamzah.

On the first charge, Lim, 65, is accused of using his position as then Penang chief minister to receive RM3.3 million in gratification for himself.

The offence was allegedly committed by helping a company owned by Zarul Ahmad secure the undersea tunnel and major roads construction project in Penang, valued at RM6,341,383,702, between January 2011 and August 2017 at the Penang Chief Minister’s Office.

The charge, framed under Section 23(1) of the MACC Act 2009, provides for a maximum jail term of 20 years and a fine of not less than five times the value of the gratification or RM10,000, whichever is higher, upon conviction.

On the second charge, the Bagan Member of Parliament is accused of soliciting a 10 per cent cut of profits from Zarul Ahmad as an inducement to help the businessman’s company secure the same project.

The offence was allegedly committed near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City here between 12.30am and 2am in March 2011, under Section 16 of the MACC Act, which carries a maximum penalty of 20 years’ imprisonment or a fine of not less than five times the bribe value or RM10,000, whichever is higher.

Lim also faces two charges of causing two plots of land owned by the Penang state government, valued at RM208.8 million, to be disposed of to developer companies linked to the undersea tunnel project.

The offences were allegedly committed at the Penang Land and Mines Office, Komtar, on February 17, 2015, and March 22, 2017. The charges, under Section 403 of the Penal Code, provide for a prison sentence of between six months and five years, whipping, and a fine, upon conviction. — Bernama