PENANG Chief Minister Lim Guan Eng and tycoon Tan Kok Ping did not share a “privileged relationship”, former Malaysian Anti-Corruption Commission deputy commissioner (prevention) Mustafar Ali said. 

Mustafar was testifying today in Lim’s suit against the now defunct news portal FZ Sdn Bhd, and its managing editor, Terence Fernandez, over an article published on January 3, 2014, titled “MACC begins probe on Merc purchase”.

Tan, a prominent businessman in Penang, filed a similar suit against the publication. Both suits are being jointly heard at the Penang High Court.

Mustafar replied “yes, I agree” when asked by Tan’s lawyer Christina Siew whether he agreed that Lim and Tan did not have a privileged relationship, since MACC earlier found no basis in the allegations against the businessman.

After the Penang government bought Lim’s official car – a silver Mercedes-Benz from Lowe Motors at a huge discount, paying only RM298,263.75 instead of the original price of RM657,218 in late 2013 – the article published on FZ.com reportedly linked Tan to the purchase.

The FZ story reported that Tan had a stake in Lowe Motors and made references to his company General Accomplishments Sdn Bhd, which illegally cleared the hilltop of Bukit Relau between April and May 2013 and fined RM30,000 in July the same year.

The story also mentioned Tan’s RM1 million donation to the state’s Voluntary Patrol Squad (PPS) and his said role in negotiating the purchase of the Penang Turf Club for Berjaya Land Bhd for a fraction of its value.

Mustafar said MACC looked into the allegations surrounding Tan over the three issues after receiving information, although he did not know the exact dates when the details were received and when the probe began.

“Action was taken on the information at the same time, but I am not saying that the details on all three matters were received at the same time,” he said, confirming that MACC looked into the matters.

Asked if information related to Tan, which was studied by MACC’s information evaluating committee, was shared with Fernandez, Mustafar said he did not tell the news editor anything.

“He did not get it from me. I don’t know if someone else told him anything about it.

“If a matter is being probed by MACC, it remains confidential and should not be shared with other parties,” said Mustafar, who is now director-general of Immigration since his transfer from MACC in 2016.

During his testimony as the defendants’ witness this morning, Siew also asked Mustafar to explain the difference between “probe” and “investigation”.

Mustafar said MACC ordered its Penang branch director to conduct a fact-finding mission (penelitian) into the negative aspersions against Lim and Tan when they surfaced on social media.

He said he did not know exactly when the order was given, but it was decided in a meeting and he believed it was done “immediately” as the matter was high-profile, involving a chief minister.

“A probe in MACC terminology means a preliminary inquiry, not an investigation. 

“Investigation means ‘siasatan’. MACC never said it investigated the Mercedes purchase,” he said.

Asked if MACC had made earlier public statements explaining the difference between the two terms, Mustafar said no, if it was in reference to the Mercedes purchase.

Asked about his reported statement on February 20, 2014 when he was quoted as saying that he was willing to sit down with Lim, the Penang exco and assemblymen to explain MACC’s investigation process, system and procedures, Mustafar said they were unaware of how the agency worked.

Fernandez’s article reported that MACC started “probing” the Penang government’s purchase of the Mercedes-Benz. 

MACC later said it was not investigating the matter as it found no case against Lim and Tan.

In his civil suit against the editor and the publication, Lim is claiming that the article was done to intentionally and maliciously damage his name, reputation, and political career. 

In his statement of claim, he claimed that the portal failed to be responsible, accurate, and fair in its reporting. 

Judicial commissioner Abdul Wahab Mohamed fixed November 1 and 2 for trial to resume. – October 17, 2017.