WHILE everyone is entitled to question the government, no one should make lies about the administration, said Lim Guan Eng.

The former Penang chief minister said this during the hearing of his defamation suit against a Penang Gerakan leader and two Chinese newspapers today.

He was being cross-examined by lawyer Jason Loo, who asked if the opposition or any member of the public was entitled to ask the state government questions.

“Everyone is entitled,” Lim said during the cross-examination at the high court presided by judge Rosilah Yop this morning.

Loo, who is also the first defendant in the suit, is representing himself in the case.

Lim is suing him and Chinese dailies The China Press Bhd and Guang Ming Ribao over the remarks Loo had made on the sale of the Lebuhraya Peel land which were published in the two newspapers in 2017.

In his statement of claim, Lim accused Loo – who is the defendant in the first suit and first defendant in the second and third suits – of holding a press conference on May 29, 2017, and intentionally, recklessly, falsely and in absolute bad faith made statements that were false and defamatory against him in its natural and ordinary meaning and by innuendos understandable by any ordinary reasonable person.

The Lebuhraya Peel land was sold to Island Hospital for its RM2 billion expansion project that would make Penang a medical city. The opposition attacked the state over the sale, which was through a direct negotiation, in 2017.

Loo had questioned the land sale, as to why and when it was transferred to the Chief Minister Inc (CMI), how many parcels of land had been transferred to CMI, where were the land sale proceeds deposited and how was the profit used.

During questioning, Lim agreed with Loo that the issue was of public importance, and the public was entitled to ask questions.

When asked whether the defendant was also entitled to ask questions, Lim replied: “Entitled to ask, not to lie.”

“They (your remarks) were lies. That’s why I am suing you,” he told Loo.

Loo earlier also asked Lim if he agreed that his previous reply to the former’s questions over the Lebuhraya Peel land sale was “against the state’s CAT principles“ of competency, accountability and transparency.

“You said you were not interested to respond, and that Penangites have lost confidence in them (Gerakan), and there was no need to answer those who have no seats (in the state legislative assembly).

“But without a seat, as a member of the public, I am entitled to ask questions to the state. In a democracy, the public can ask questions of public importance, right?”

Lim answered in agreement.

“But you did not answer when asked if the land sale was with the knowledge of the state exco,” Loo said.

Lim replied that he had answered the question at a state legislative assembly sitting.

When asked if the land was sold following a unilateral decision by the chief minister, Lim said the decision was made by the exco.

“I ceded the power (to make the decision) to the exco. The decision was not by me, but by the exco,” he said when Loo argued that based on the CMI enactment, the decision lied with the chief minister.

Lim also explained that the land was earlier transferred to CMI from the state to facilitate Island Hospital’s application to get a license from the Health Ministry for its project.

He said in the event of Island Hospital not getting the licence, the land held by CMI would still remain with the state, which would also get to keep the 2% earnest money paid for the land.

Earlier during the hearing, Lim also said it was “obvious” that when Loo made remarks about a corrupt government, the latter was referring to him, who was the chief minister at the time. 

He added that Loo was also quoted to have mentioned “chief minister Lim” in the news.

“Unless there is another CM Lim around,” he said.

Lim also denied that he filed the suit against Loo in February last year because he wanted to prevent Loo from using the issue to attack the state in the run up to the 14th general election.

Hearing will resume this afternoon.

Lim was represented by lawyer N. Mureli. – April 29, 2019.