KUALA LUMPUR (Oct 23): Consortium Zenith Construction Sdn Bhd (CZCSB) senior director Datuk Zarul Ahmad Mohd Zulkifli told the Sessions Court that on Aug 17, 2017, he actually gave RM4 million, in which RM2 million cash was given to former prime minister Datuk Seri Najib Razak and another RM2 million cheque to former Penang chief minister Lim Guan Eng.
Zarul Ahmad, who is the 23rd prosecution witness in the Penang undersea tunnel trial, indicated that those payments were made through businessman G Gnanaraja.
Initially, the court was told that there was only RM2 million involved in the handover to Gnanaraja on Aug 17, 2017, at Eastin Hotel.
However, when cross-examined by counsel Gobind Singh Deo, the 63-year-old Zarul Ahmad clarified on Monday that RM2 million in cash which he retrieved from his own safe was for Najib to help close the Malaysian Anti-Corruption Commission (MACC) investigations, and the RM2 million in Public Bank cheque was for Lim, totalling to RM4 million.
Prior to this, CZCSB former directors Ibrahim Sahari and former senior vice-president Azli Adam had testified that they prepared the RM2 million cheque and payment voucher for the company, to be given to Gnanaraja.
Ibrahim had last month said the RM2 million from the cheque that was cashed was to be given to Lim.
There was no mention of the additional RM2 million cash, as revealed by Zarul Ahmad’s testimony at the court on Monday, that he said was retrieved from his own safe.
Zarul Ahmad, the star witness, testified that Ibrahim and Azli were also quizzed by the MACC, to support his (Zarul Ahmad’s) statement, which he gave to the anti-graft body.
He added that Ibrahim and Azli were called separately by the MACC, without his presence.
When Gobind showed Zarul Ahmad the Public Bank cheque and the payment voucher, this resulted in the witness saying that this cheque was for Lim.
“I took out the RM4 million — two million cash was retrieved from my safe, was given to Najib via Gnanaraja, while this cheque is for Lim,” Zarul Ahmad said.
Gobind: So far, the RM2 million cheque is for Lim, and the RM2 million cash to Najib?
Zarul Ahmad: Yes
Gobind: You only went to Eastin once on Aug 17, 2017?
Zarul Ahmad: On that particular day, yes, I brought RM4 million.
Gobind: I put it to you that it is a lie?
Zarul Ahmad: I don’t agree.
The witness further explained in court that he had rectified his position with regard to the RM2 million in question, namely the first RM2 million is from the cheque and this was why the MACC took a statement from Azli and Ibrahim.
Defence wants Zarul Ahmad’s recorded statement
Following Zarul Ahmad’s conflicting testimony on the RM2 million or RM4 million, Gobind sought Sessions Court judge Azura Alwi for the defence to be provided with Zarul Ahmad’s statement, which he gave to the MACC.
"He is changing his entire story and trying to pin on my client Lim.
“The defence applies for a copy of Zarul Ahmad’s statement which was recorded by the MACC for the Shah Alam case (cheating case involving Gnanaraja) and the KL case involving (Lim),” Gobind said.
“This is to facilitate the defence position on whether to conduct impeachment proceedings on Zarul Ahmad,” he added.
Following this, Azura directed parties to make oral submissions on this issue the next day (Tuesday, Oct 24).
Zarul Ahmad: Gnanaraja close to Najib
Prior to this, Zarul Ahmad testified that he had lodged a report on his release from the 11-day remand by the MACC. He admitted that he sought Gnanaraja’s help as he is close to Najib, in hope that the MACC would close investigations on him and his company.
Zarul Ahmad agreed with Gobind that it was such a big amount of RM19 million being paid to have the case closed by the MACC.
The witness agreed the payment was for Najib and others, as Najib was the prime minister at that time and he had the power to influence the MACC investigations.
Although Gnanaraja was initially charged with cheating Zarul Ahmad, he pleaded guilty to an offence under the Companies Act, in which he was fined RM230,000.
Lim, 62, the Member of Parliament for Bagan, is accused of using his position as then Penang chief minister to solicit a 10% cut in the RM6.3 billion undersea tunnel project’s profits from Zarul, in return for aiding the businessman’s company to secure the project.
Lim, who is also DAP chairman, is accused of accepting RM3.3 million in kickbacks from Zarul Ahmad.
He also faces two counts of dishonest misappropriation of property in releasing two plots of state-owned land, cumulatively worth RM208.75 million, to Ewein Zenith Sdn Bhd and Zenith Urban Development Sdn Bhd — two property companies linked to the controversial undersea tunnel project.