KUALA LUMPUR (June 27): Sessions Court Judge Azura Alwi on Monday (June 27) expressed her disappointment when reprimanding former Penang chief minister Lim Guan Eng for his conduct in making a statement on his ongoing undersea tunnel project graft trial, out of court.
Admonishing Lim, Azura said she was “very disappointed” with his conduct, and reminded the parties that at the beginning of the trial, she had advised them against making statements relating to the ongoing trial.
“This matter had also occurred when this case was first mentioned, while at that time I did not give an order, I had informed parties to not make statements that are sub-judice. You have full knowledge and are fully aware of this, because all parties are experienced, this is not something new or alien to any of you.
“So, I am very disappointed in regard to this matter, because it still happened. Yes I can give a warning, but to what extent the warning would take effect is dependent on the side in question, in particular the accused himself,” she said.
Before proceedings commenced on Monday, Deputy Public Prosecutor (DPP) Datuk Wan Shaharuddin Wan Ladin raised the matter of Lim’s out-of-court comment, and requested the judge to reprimand him for his actions.
“Before we begin today’s proceeding, I would like to bring the court’s attention to a police report. This is relating to an article whereby Lim had given a statement where he claimed that he is innocent because there is no evidence of a money trail and others.
“The prosecution would like this court to reprimand [the accused], so that this does not occur again,” he said.
In response, Lim’s lead defence counsel Gobind Singh Deo apologised for any inconvenience his client’s statement may have caused the court, and added that the defence understands the prosecution’s opinion on the matter.
“My learned friend (Wan Shaharuddin) had raised this matter to me this morning. This (police report) is a follow-up of a statement released last Friday, where my client had said a couple of things to the press.
“I understand the stance (request for reprimand) the prosecution has taken, and we stand by that guidance, and apologise for any inconvenience,” he said.
Azura then rebuked Lim, prompting Gobind to offer his apologies again and assurance that the defence would take note of the court’s reprimand.
It was reported on Saturday (June 25) that the Malaysian Anti-Corruption Commission (MACC) had lodged a police report against Lim over his comments relating to the ongoing trial.
Following last Friday’s (June 24) proceedings, Lim told the press that Consortium Zenith Construction Sdn Bhd's executive director Datuk Zarul Ahmad Mohd Zulkifli’s claims that he received money were fabrications as he said there was no evidence of a money trail, nor audio or video recording.
The key witness in Lim’s graft trial had testified last Thursday (June 23) and Friday that he had given RM3.3 million in kickbacks in return for Lim’s assistance in securing the undersea tunnel project for Zarul’s company Consortium Zenith BUCG Sdn Bhd.
Zarul was initially slated to continue with his testimony on Monday but Wan Shaharuddin said the businessman is on medical leave until Wednesday (June 29).
Lim is accused of soliciting a 10% cut of the profits from the RM6.3 billion undersea tunnel project from Zarul to help his company secure the project, as well as accepting RM3.3 million in kickbacks from the businessman.
He is also charged with 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.