THE court today discharged former Penang chief minister Lim Guan Eng of graft charges in relation to his purchase of a bungalow home in Jalan Pinhorn, Penang.

Lim, who is now finance minister, was charged with corruption in 2016 for buying the property for below the market price from his former landlady Phang Li Khoon, when he was the chief minister.

Judge Hadhariah Syed Ismail told a courtroom packed with Lim’s DAP colleagues, supporters and the media, that he and Phang were discharged with a full acquittal. 

The decision follows representation filed by Lim’s lawyers to the Attorney-General’s chambers for the graft charges against the DAP secretary-general to be dropped, after Pakatan Harapan won the May 9 general election to assume federal power.

The defence maintained that the charges against Lim, who was formerly in the opposition and a vocal critic of the Barisan Nasional federal government, were politically-motivated. 

The prosecution told the court today that it did not wish to further pursue the case.

Lim was accused of using his position to seek gratification when he bought the bungalow on July 28, 2015 from Phang at RM2.8 million although the property 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 Magnificent Emblem to convert agricultural land to residential use during a state planning committee meeting on July 18, 2014. 

Phang was reported to be a director at Magnificent Emblem.

Deputy public prosecutor Masri Mohd Daud earlier asked the court for a discharge not amounting to an acquittal (DNAA).

Lim’s and Phang’s lawyers, Ramkarpal Singh and V. Sithambaram, objected, with Ramkarpal saying both should be given a full acquittal since the prosecution has said it did not intend to continue with the case.

Sithambaram said there must be finality because Lim and Phang must be able to carry on with their lives. 

He also said 25 witnesses had already been called during the trial in March and the prosecution had also studied the representation submitted by the defence. 

The hearing was then postponed due to the final Dewan Rakyat sitting of the term, and again for the 14th general election in May, and a third time when the defence submitted representations to have the charges dropped. 

Judge Hadhariah agreed with the defence, saying regardless of whether the case is criminal or civil, the court did not prosecute by instalment.

“Charges cannot be hanging over people’s heads indefinitely.

“The court cannot agree with the prosecution for a DNAA, with the greatest respect. The court would not be able to close the case (otherwise). 

“I order both defendants to be discharged amounting to acquittal.” –  September 3, 2018.