THE Federal Court today ruled that a section of the Malaysian Anti-Corruption Act 2009, requiring a defence statement ahead of an accused’s trial, is valid, setting back Penang Chief Minister Lim Guan Eng’s legal battle over his bungalow corruption case.

Lim will have to submit his defence statement ahead of his trial on charges related to the purchase of a plot of land and a bungalow at below-market value.

A five-judge panel, led by Chief Justice Md Raus Sharif, overturned a Court of Appeal ruling in August that Section 62 of the MACC Act was unconstitutional.

The appellate court had found that requiring an accused to disclose their defence statement to the prosecution before trial violated a person’s right to a fair trial, which was a constitutional guarantee.

In his judgment, Raus said Section 62 was “constitutional” and not ultra vires Articles 5(1) and 8 of the Federal Constitution.

He ordered the case management of the corruption charge against Lim to be heard at the Penang High Court on January 10.

Lim was previously told to file his statement of defence before his trial began, leading him to file for a judicial review.

Raus today said he agreed with the deputy public prosecutor (DPP) that an accused could submit further documents after the trial began under the Evidence Act.

The DPP, Awang Armadajaya Awang Mahmud, had told the court that Section 62 of the MACC Act did not prevent a defendant from tendering evidence during trial.

Lim was represented by Gobind Singh Deo.

“So, what is the problem?” Malaysiakini reported Raus as saying to Gobind in court today.

Lim, who is also DAP secretary-general, was charged last year over the rezoning of agricultural land in Balik Pulau to be used for public housing, which was said to benefit the plot’s owner, Magnificent Emblem, a company linked to Lim’s former landlady, Phang Li Koon.

The charge, under Section 23 of the MACC Act 2009, provides for imprisonment of up to 20 years and a fine of up to five times the sum or value of the bribe, or RM10,000, whichever is higher, upon conviction.

Lim faces a second charge over his purchase of the Jalan Pinhorn bungalow for RM2.8 million, allegedly below the market price of RM4.27 million, from Pahang on July 28, 2015.

The charge, under Section 165 of the Penal Code, provides for a jail term of up to two years or a fine, or both, upon conviction.

Phang, a businesswoman, is also facing charges over the bungalow sale. – December 14, 2017.