KUALA LUMPUR (June 28): The Sessions Court heard former senior executive director of Consortium Zenith Construction Sdn Bhd (CZCSB) Ibrahim Sahari testify that he was informed that company money had been paid to former Penang chief minister Lim Guan Eng as bribes, although he did not personally see the purported transactions.
Ibrahim — the 29th prosecution witness of Lim's undersea tunnel project graft trial — was the second person to testify that CZCSB director Datuk Zarul Ahmad Mohd Zulkifli had informed that funds belonging to CZCSB were used as bribes paid to Lim.
This was after Zarul was released from the Malaysian Anti-Corruption Commission remand in 2018, Ibrahim said.
"However, Zarul did not tell me about the amount and method of the bribes paid to Lim," he added.
The 58-year-old and CZCSB former senior vice-president of finance and corporate services, Azli Adam, both testified in court that Zarul had instructed them to manipulate the company's account via "fake" invoices and payment vouchers (PVs) to withdraw funds for the bribes without alerting auditors.
Ibrahim said at the time, he did not know the purpose of the withdrawn money. However, as it was not done in accordance with proper procedures, he "believes" the money was used for the payments of bribes.
Ibrahim however agreed that he did not see the payments being made. Upon cross-examination by Lim's lead defence counsel Gobind Singh Deo, Ibrahim reiterated that he had heard about the bribe payments from Zarul.
Gobind: But you did not see [the payments being made]?
Ibrahim: I agree.
Gobind: You did not see it even once who the cash was paid to?
Ibrahim: I agree.
Gobind: Or the purpose of the payments, correct?
Ibrahim: I agree.
Prior to this exchange, Gobind highlighted to Ibrahim that the latter testified earlier that he had previously served as Maybank international banking division head of compliance and supervision, and therefore should be aware that falsifying invoices and PVs was a serious criminal offence.
In response, Ibrahim said he was aware of the offence but abided with Zarul's instructions in the interest of CZCSB.
Gobind: Can you describe it for me, what kind of person you are to have done this (falsifying documents)?
Ibrahim: I am the kind of person who follows instructions.
Gobind: You are someone who follows instructions to commit a crime?
Ibrahim: Instructions to do something in the interest of the company.
Gobind: [Something] that is a crime. So you looked at the interest of the company, correct?
Ibrahim: Correct.
Gobind: [I put it to you that] if it is in your interest to give false evidence in this court, you would do it as well.
Ibrahim: No, never.
Gobind: Let me put it to you that you are a liar.
Ibrahim: I do not agree.
Gobind: Even though you knew what Zarul did was wrong, you never stopped him from doing it?
Ibrahim: Yes.
On Monday (June 27), Azli testified that he and Ibrahim had falsified invoices and PVs in order to manipulate the company's account and cover up the trail of Zarul's cash payments to Lim.
Similarly, Azli also told the court that Zarul had confessed to him that the CZCSB money withdrawn were used as bribes paid to Lim in relation to the island state's undersea tunnel project.
Consortium Zenith BUCG Sdn Bhd — the company awarded the Penang undersea tunnel project — was renamed as CZCSB in 2017 after Beijing Urban Construction Group exited the special purpose vehicle on the instructions of the Penang state government.
Lim is accused of using his position as Penang chief minister in soliciting a 10% cut in the profit of the project from Zarul. The Bagan member of parliament is also accused of accepting RM3.3 million in bribes from the businessman.
The DAP chairman also faces two counts of dishonest misappropriation of property, namely in 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 trial is slated to resume on July 25 before Sessions Court Judge Azura Alwi.