FORMER Penang chief minister Lim Guan Eng’s defence has applied for a copy of the main witness’s statement to the Malaysian Anti-Corruption Commission (MACC) in connection with its investigation of corruption involving Lim and a businessman.  

Lim’s lawyer, Gobind Singh Deo, said the document was needed to initiate proceedings to challenge the credibility of the witness – Zarul Ahmad Mohd Zulkifli, the director of Consortium Zenith Construction Sdn Bhd – as there were conflicting statements in his testimony. 

“The defence has a right to question Datuk Zarul with regard to the alleged RM2 million each given to Lim Guan Eng and Datuk Seri Najib through G. Gnanaraja as a middleman in 2017.  

“In the prior proceedings Datuk Zarul said it was RM2 million for only Lim Guan Eng, so there is a serious conflict in his testimony and therefore we apply to challenge his credibility under Section 145 of the Evidence Act 1950,” said Gobind.  

Gobind said Zarul had testified in Gnanaraja’s case in the Shah Alam Sessions Court that the RM2 million given to the businessman was to stop the MACC case against his company. 

Yesterday, Zarul told the court that a cheque of RM2 million was given to Lim in connection with the undersea tunnel and main roads project in Penang, while RM2 million in cash was given to Najib to stop MACC’s investigation into his company. 

Deputy public prosecutor Wan Shaharuddin Wan Ladin objected to the application, saying it was not done according to procedure, had no basis, and was merely an attempt to fish for information from Zarul’s statement, adding that the defence could cross-examine the witness to obtain the information instead.  

“The application is premature at this stage and is only based on Datuk Zarul’s testimony that he had made a correction in his statement to MACC. 

“The defence actually wants to scrutinise the statement to see if the correction has been made, not to start a proceeding to challenge his credibility,” said Wan Shaharuddin. 

Meanwhile, DPP Mahadi Abdul Jumaat submitted that the application should be denied on the basis that the statement is classified as a privileged document under the Evidence Act.  

After hearing the submissions of both parties, Judge Azura Alwi fixed November 2 for a decision on the application, while adjourning the proceedings for tomorrow and November 1.   

Lim is facing four corruption charges involving the proposed construction of an undersea tunnel and paired roads project in Penang. 

On the first charge, Lim is alleged to have abused his power as then-Penang chief minister to obtain RM3.3 million in monetary gratification as an inducement to appoint Zarul’s company to implement the RM6,341,383,702 undersea tunnel project and construction of main roads in the state. 

He is alleged to have committed the offence between January 2011 and August 2017. 

On the second amended charge, Lim is accused of asking Zarul for 10% of profits as a reward for helping his company secure the projects. Lim is alleged to have committed the offence at The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City between 12.30am and 2am in March 2011. 

He is also facing two other charges for dishonestly disposing of two plots of land belonging to the Penang government in Bandar Tanjong Pinang worth RM208 million to the developer of the undersea tunnel project, allegedly committed at the State Land and Mines Office in Komtar on February 17, 2015 and March 22, 2017. – Bernama, October 24, 2023.