KUALA LUMPUR (Dec 17): Penang state executive councillor for Infrastructure and Transportation Zairil Khir Johari told the Sessions Court on Friday (Dec 17) that at present construction was ongoing in only one tranche of four projects in relation to the state's proposed undersea tunnel project namely the Ayer-Hitam-Tun Lim Chong Eu package.
Zairil, 39, who is the prosecution's 22nd witness, said the traffic condition in Penang Island is still terrible even during weekends or public holidays, even though there exists two bridges to the island from the mainland.
Replying to questions from Deputy Public Prosecutor (DPP) Wan Shaharuddin Wan Ladin on the status of the construction, the witness said only the Ayer Itam-Tun Dr Lim Chong Eu Expressway bypass is presently under construction.
“As with the undersea tunnel, it is still at the feasibility study stage which is supposed to be completed by year end. The other two roads have yet to begin construction yet,” he added.
The other two roads or highways to alleviate traffic jams that have yet to be constructed are from Tanjung Bungah to Teluk Bahang, and the interchange from Persiaran Gurney to Tun Dr Lim Chong Eu. Zairil was testifying in former Penang chief minister Lim Guan Eng's graft trial.
Wan Shaharuddin: Has the tunnel project been paid?
Zairil: No.
Wan Shaharuddin: So its (tunnel) construction has not begun?
Zairil: No, it would depend on the feasibility studies.
Wan Shaharuddin: Has the tunnel project been paid?
Zairil: No as it has yet to be decided and depends on the feasibility studies.
Wan Shahruddin: There are some who say the tunnel's construction would be difficult.
Zairil: I cannot say as the feasibility report has yet to be revealed.
Following that, Wan Shaharuddin showed a report dated May 10, 2011, by Consortium Zenith BUCG Sdn Bhd (CZBUCG) to the witness and said according to the report the company expects difficulty to construct the third link (tunnel).
Zairil, on looking at the report, agreed to the prosecution's suggestion but was uncertain or not sure as to what the difficulties were.
Master agreement made for all four projects
During 2011, the Penang exco for infrastructure and transportation was Lim Hock Seng, and Zairil had replaced him in 2018. Zairil was formerly Bukit Bendera member of Parliament in 2013 but in the 2018 general elections, he was elected as Tanjung Bunga assemblyman and ensuing that was appointed as an exco member.
Wan Shaharuddin: Did the government go ahead with the project?
Zairil: Yes.
The Penang exco member was asked by the prosecution whether there was a supplementary agreement for the project to proceed, and Zairil replied a master agreement was made as a bridging agreement for each package and prior to that there was a preliminary agreement.
Zairil further said there were several state government agencies involved in the drafting of the master agreement, and the present Penang legal adviser Datuk Norazmi Mohd Narawi was overseeing it.
Earlier, Norazmi's predecessor Datuk Faiza Zulkifli testified that the preliminary agreement was not drafted or overseen by her but by a lawyer from the firm Lee Hishammuddin Allen and Gledhill.
Zairil was further asked whether payment or land swap was finalised but he does not know, but believes that this refers to the reclaimed coastal land near Gurney drive.
On cross-examination by Guan Eng's counsel Gobind Singh Deo over the 2011 report by CZBUCG, Zairil agreed that there could be a difference between a study and the actual construction.
He agreed that the undersea tunnel project is an unusual project and for this purpose a memorandum of understanding was made between the Penang government and CZBUCG earlier, as it has experience with such a big project.
Zairil also agreed that the traffic congestion problem is serious and needs to be handled as quickly as possible.
The witness also said the coastal reclamation at Tanjung Seri Penang involving a 110-acre land has been completed.
Zairil agreed that this coastal reclamation had been agreed upon by his predecessor Hock Seng and it lasted several years until now that it had been completed. The reclaimed land is said to be alienated to the contractors as payment for the undersea tunnel project.
The former Penang chief minister is facing two counts of dishonestly misappropriating property, namely in releasing two plots of state-owned land to Ewein Zenith Sdn Bhd and Zenith Urban Development Sdn Bhd.
Guan Eng, who is also the Bagan Member of Parliament, is also accused of soliciting a 10% cut in profits from the undersea tunnel project from CZBUCG senior executive director Datuk Zarul Ahmad Mohd Zulkifli in a hotel in Kuala Lumpur in 2011.
The hearing before Sessions judge Azura Alwi continues on March 23, 2022.