Decision to acquit Guan Eng based on weak case, says DPP

Updated 7 years ago · Published on 4 Sep 2018 2:58PM · 7 Comments

The prosecutor handling Finance Minister Lim Guan Eng's graft case says the charges against him were dropped due to weak evidence. – The Malaysian Insight pic by Nazir Sufari, September 4, 2018.

THE decision to discharge and acquit Finance Minister Lim Guan Eng was made after studying the evidence of prosecution witnesses under cross examination, Deputy Public Prosecutor Mohamad Hanafiah Zakaria said today.

Stressing that the decision to drop the charges was done “without influence from any quarters”, he said he found the case “substantially weakened” after examining the evidence.

“I have perused the evidence given by the Malaysian Anti-Corruption Commission (MACC) and the evidence that have been adduced and tested under cross examination thus far, I concluded that as a result of the cross-examination of the prosecution witnesses who has testified so far, the evidence supporting the first charge… has been substantially weakened.

“This conclusion was arrived in light of fresh evidence that have arisen during the cross examination of prosecution witnesses,” Hanafiah said in a statement.

Hanafiah said that he has also responded to a letter from the complainant objecting to the withdrawal of charges.

“I have responded to the letter that I will decide the case based on available evidence and governing law, which I did, without fear or favour,” he added.

Finance Minister Lim Guan Eng (left) and his former landlady Phang Li Khoon seen at the Penang Court Complex following their acquittal from graft charges yesterday. – The Malaysian Insight pic by David ST Loh, September 4, 2018.

Hanafiah said Attorney-General Tommy Thomas had recused himself from “all deliberations regarding the case” and was not involved in any decisions by the A-G’s Chambers (AGC) in the case.

He said he had also kept his decision confidential from Thomas and MACC.

“Yesterday (September 3) at 7.18am, I communicated my decision to Masri Mohd Daud, who is the director of Legal and Prosecution Division of MACC and a deputy public prosecutor, who was at that time in Penang.

“In this case, I kept confidential my decision until the very last minute and did not consult the investigative agency (MACC) fearing it might leak and cause unnecessary alarm.

“In fact, my decision was so confidential that I only informed the A-G personally at 9.44am yesterday,” said Hanafiah.

Lim and his former landlady Phang Li Khoon were acquitted in the Penang High Court of graft charges for the purchase of a bungalow in 2014.

Following, that MACC issued a statement to say they were “shocked” by the AGC’s decision to withdraw the case. – September 4, 2018.

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Comments

  • Well Managed....even it was not a political favorable outcome to many people...

    Posted 7 years ago by Wei Kuan Tan · Reply

  • Well Managed....even it was not a political favorable outcome to many people...

    Posted 7 years ago by Wei Kuan Tan · Reply

  • Justice prevails! Those who felt shocked are only cowardly trying to shed political responsibilities.

    Posted 7 years ago by Tanahair Ku · Reply

  • Well done ,

    Posted 7 years ago by Tay Hook Sing · Reply

  • The DPP clearly explained the basis - way to manage peoples expectations.. but then again there are idiots and a media who will go around town making an issue of this!

    Posted 7 years ago by Thiruchelvam Thirunavukarasu · Reply

  • This is Rule of Law.Unlike BN Rule by Law and politically motivated try to end LGE POLITICAL CAREER. DSAI experienced selective prosecution too.

    Posted 7 years ago by Tam Yan Cheng · Reply

  • Crafty, brilliantly executed. Well done.

    Posted 7 years ago by Ramli Sirap · Reply