THE Penang High Court has fixed October 12 to hear an application by a pro-Barisan Nasional blogger to review a recent ruling to acquit Finance Minister Lim Guan Eng of graft charges involving his Jalan Pinhorn bungalow purchase.
The blogger, Muhsin Abdul Latheef, had filed the application on September 19, naming the prosecution, Lim and business executive Phang Li Khoon, the former owner of the property, as respondents.
Known by his pen name Mamu Parpu, he was the first person to lodge a report with the Malaysian Anti-Corruption Commission to allege that Lim had abused his position to buy the bungalow at a discounted price.
Last month, the court granted Lim and Phang a full acquittal after the prosecution decided not to pursue the case further.
Lim, who was formerly Penang chief minister, was charged with abusing his position to seek gratification in the bungalow purchase on July 28, 2015 from Phang, who was then his landlady.
He bought the property at RM2.8 million when it was said to be valued at RM4.27 million.
The offence under Section 165 of the Penal Code carries a penalty of two years in jail, a fine or both for the convicted party.
Phang was charged with abetting Lim under Section 109 of the Penal Code, which prescribes the same penalty for the offender.
Lim was also accused of using his position to obtain gratification for himself and his wife Betty Chew by approving an application by a company Phang was involved with to convert agricultural land to residential use during a state planning committee meeting on July 18, 2014.
The case went to trial in late March and Muhsin, when called as a witness, conceded that he did not know the value of the bungalow or the date of the purchase when he lodged his police report. He had only stated that the property was acquired in 2008.
He said he had based his report on a TV3 news report he had seen earlier on a debate between Lim and Tasek Gelugor MP Shabudin Yahaya in the Dewan Rakyat, adding that he had no political agenda against Lim.
Judge Hadhariah Syed Ismail, who today fixed October 12 to hear Muhsin’s application for a review, is the same judge who presided over Lim and Phang’s case.
Lim and Phang’s acquittal last month came under heavy criticism, with some critics alluding that the DAP secretary-general got off because he was now part of the ruling federal government and no longer in the opposition.
Outside the courtroom, Muhsin told reporters that he was raising funds from the public to finance the application that would cost about RM20,000.
He is represented by Gunamalar Law Chambers. – October 3, 2018.
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