KUALA LUMPUR (July 13): Former Penang chief minister Lim Guan Eng visited businessman Gnanaraja Gnanasundram at the latter's residence in Petaling Jaya to discuss "confidential matters" at 2am sometime in 2017, the first witness of the Penang undersea tunnel graft trial testified today.
Actress and businesswoman Datuk Geethanjali Gausillia Kathirvalu, who is the wife of Gnanaraja, said her husband woke her up in the middle of the night to inform her that Lim had come to their house, together with Consortium Zenith Construction Sdn Bhd senior executive director Datuk Zarul Ahmad Mohd Zulkifli, who is also a key prosecution witness of this trial.
The witness, better known as Geethanjali G, said that after entertaining and taking some pictures with the guests, her husband asked her to return to her bedroom to allow the rest to discuss some "confidential matters".
"After that I did not find out what information was discussed between my husband and YB Lim Guan Eng on that night, and I confirm my husband has never shared any other information involving my husband and YB Lim Guan Eng," she said, adding that Lim only went to her house that one time.
The pictures taken during the meeting were shown in court and tendered as evidence. According to Geethanjali, the pictures were taken by Zarul.
For context, Gnanaraja was charged in 2019 with three counts of cheating under Section 420 of Penal Code involving RM19 million related to the tunnel project.
He was further slapped with 68 money laundering charges involving RM11.4 million in the same year, and was stripped of his "Datuk Seri" title.
After Geethanjali, the prosecution called in its second witness — Malaysian Anti-Corruption Commission (MACC) officer Saadon Abd Samad.
Saadon testified that he was the forensic officer that had extracted the pictures referred to by Geethanjali from a mobile phone. Although it was not established in court, it is believed that the phone belonged to Zarul.
However, lead defence counsel Gobind Singh Deo pointed out that Saadon was only given the phone by the investigating officer in March 2021, while Lim was first charged in August last year.
Gobind: So what we can see here is that the person was accused first and only then forensics were done much longer after that to confirm the facts, correct?
Saadon: Yes.
Gobind: Usually we do an investigation first, then only we decide whether to charge or not, right?
Saadon: That's right.
Gobind: But in this case it was different, the forensic investigation only came after the accused was charged. Why?
Saadon: That was not up to my decision.
Gobind: I put to you that the prosecution in this case was a mala fide, meaning having malicious intentions. Is this correct, or wrong, or you don't know?
Saadon: I disagree.
Lim is facing four charges, two of which are framed under the MACC Act 2009 and the other two under the Penal Code.
Under the first charge, Lim is accused of using his position as the then chief minister to solicit gratification to help Consortium Zenith Construction secure the tunnel project. He is alleged to have sought 10% of the profit to be made by the company from its owner Zarul.
Under the second charge read to him in the Butterworth Sessions Court, Lim is accused of using his position as the then chief minister to receive RM3.3 million in gratification for himself as an inducement for helping the company secure the project valued at RM6.3 billion.
For the third and fourth charges, Lim is accused of causing two plots of land belonging to the Penang government worth RM208.8 million to be disposed of to two companies linked to the tunnel project.
Lim has pleaded not guilty to all four charges. The trial before Sessions Court judge Azura Alwi continues tomorrow.