KUALA LUMPUR, May 6 (Bernama) — The Sessions Court today granted the prosecutor’s request to amend the first charge against former Penang Chief Minister Lim Guan Eng regarding a corruption case involving the construction of a main road and underwater tunnel worth RM6.3 billion.
Judge Azura Alwi who made the decision said the court was of the opinion that the amendment was necessary to ensure that the charges were in line with legal provisions under Article 23 of the Malaysian Anti-Corruption Commission (MACC) Act 2009.
“Even though this change was only proposed at the final stage of the prosecution case, the court is of the opinion that this will not be detrimental and cause injustice to OKT (the defendant),” he said.
Apart from that, Azura said the parties have the right under Article 162 of the Criminal Procedure Code to request the recall of appropriate witnesses following changes to the indictment.
“Therefore, the court granted the prosecutor’s request to change the charges in accordance with Article 158 of the Criminal Procedure Code,” he said.
On April 20, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin informed the court that the amendment involved removing the word “accept” in the first charge.
However, lawyer Ramkarpal Singh, who represented Lim, objected to the application and insisted that the element of acceptance was important and if such words were issued it would be detrimental to the defense.
Today’s trial continued with evidence by the Senior Inspector of the MACC Headquarters Branch Investigation Division, Zulhilmi Ramli who was the 38th prosecution witness.
Based on the amended indictment, Lim, 65, was accused as the then Chief Minister of Penang of using his position to bribe himself with RM3.3 million by helping a company owned by former Konsortium Zenith Construction Sdn Bhd director Datuk Zarul Ahmad Mohd Zulkifli to be appointed to carry out the Construction of Main Roads and Tunnels in Penang worth around RM6,341,383,702 between January 2011 and August 2017 at the Penang Chief Minister’s Office.
For the second charge, the Bagan MP allegedly demanded a bribe of 10 per cent of the profits earned by Zarul Ahmad as salary to help the businessman’s company appointed for the same project near The Gardens Hotel, Syed Putra Circle, Mid Valley City here between 12.30 midnight and 2.00 am in March 2011.
He is also facing two charges of causing two plots of land belonging to the Penang Government worth RM208.8 million to be disposed of to a development company related to an undersea tunnel project in the state which was allegedly carried out at the Penang State Land and Mining Office, Komtar on February 17 2015 and March 22 2017.
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