KUALA LUMPUR (Aug 8): The star witness in the Lim Guan Eng undersea tunnel graft trial testified on Monday (Aug 8) that avoiding being charged with money laundering was not the only reason he paid former businessman G Gnanaraja RM19 million.
During cross-examination by Lim's lead counsel Gobind Singh Deo, Consortium Zenith Construction Sdn Bhd senior director Datuk Zarul Ahmad Mohd Zulkifli disagreed with the lawyer that that was the sole reason he paid Gnanaraja.
“That is not the only reason,” Zarul, the 23rd prosecution witness, replied. Zarul stood his ground when pressed further by Gobind on the matter.
Gobind: Gnanaraja had threatened you with Anti-Money Laundering Act (AMLA) proceedings that you will be charged under AMLA?
Zarul: Yes.
Gobind: That was the charge against you and this would have an impact against the company?
Zarul: No.
Gobind: That is the reason you paid him RM19 million?
Zarul: That is not the only reason.
Gobind: That is the only reason that you paid.
Zarul: I don't agree.
Gobind's line of questioning then was interrupted as Deputy Public Prosecutor Ahmad Akram Gharib asked what it was Gobind wanted — the copy of the Whatsapp messages exchange or the copy of Zarul's recording statement —saying Gobind was going in circles.
Just as Gobind tried to reply to Ahmad Akram, the audio of the proceedings to the video-link room, where the press were observing the trial, got cut off.
A few minutes after that, both prosecutor's and defence counsels were seen leaving the courtroom and the press learnt that the trial had been adjourned due to technical problems. Much later, they were told that hearing for the day had concluded and would resume on Tuesday.
Gnanaraja was charged at the Shah Alam Sessions Court in 2019 with deceiving a managing director of Consortium Zenith Construction for RM19 million in relation to the Penang undersea tunnel project. He is alleged to have deceived the MD sometime between July to August 2017.
It is not known what happened to that case, but it seemed to be the central point of Gobind's questioning on Monday.
Gnanaraja had his datukship removed in 2019, before he was charged in Shah Alam.
Throughout the proceedings, Gobind asked Zarul about the statement that he had given to the Malaysian Anti-Corruption Commission, including the WhatsApp exchanges Zarul had with Gnanaraja.
The witness told the court that the officer who recorded his statement was a person by the name of Saiful Amir, and that Zarul did lodge a complaint against Gnanaraja for allegedly deceiving him.
Zarul said the WhatsApp messages between him and Gnanaraja took place between May 2017 and January 2018.
When asked if he remembered the contents of the WhatsApp exchanges, Zarul said he could not. This led to Gobind asking the witness whether he wanted to see them.
Earlier on the same day, there was a heated exchange between Gobind and lead prosecutor Datuk Wan Shaharuddin Wan Ladin, as Gobind wanted access to Zarul's statement to the MACC but Wan Shaharuddin said Gobind would have to make a proper application for it.
Gobind said the defence wanted the WhatsApp messages that had been reduced into the statement that the MACC possessed.
“Why are they (prosecution) hiding the WhatsApp [messages]? Do we have the WhatsApp [messages], as the prosecution had said previously [that] the phones (they seized) cannot be opened (switched on)?” he asked.
Wan Shaharuddin said the prosecution was not obliged to help the defence and that to seek anything, the defence had to make a proper application to the court.
This resulted in Sessions Court judge Azura Alwi stepping in and telling both sides to settle the matter, to which Wan Shaharuddin replied that he would inform the court on Tuesday whether the document was still in the possession of the investigating officer.
“It is an old case, and when [a] case concludes and there is no appeal, it would be shredded. I will check on this and come back tomorrow,” he added.
Lim, who is also Bagan MP, is accused of using his position as Penang chief minister to solicit a 10% cut from the project's profit from Zarul, in return for securing the project for Zarul's company.
Lim is also accused of accepting RM3.3 million in kickbacks from Zarul, who also previously testified that Gnanaraja was involved in delivering the kickbacks to Lim.
Additionally, Lim faces two counts of dishonest misappropriation of property for releasing two plots of state-owned land to Ewein Zenith Sdn Bhd and Zenith Urban Development Sdn Bhd — two companies linked to the same undersea tunnel project.
The hearing before Azura continues on Tuesday.