KUALA LUMPUR (Jan 17): The prosecution on Wednesday handed over a statement from Consortium Zenith Construction Sdn Bhd director Datuk Zarul Ahmad Mohd Zulkifli, which had been recorded by the Malaysian Anti-Corruption Commission (MACC), to Lim Guan Eng's lawyers for use in impeachment proceedings in the Penang undersea tunnel case.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin informed Sessions Court Judge Azura Alwi that the document had been handed over, and Lim’s lawyer Mohd Haijan Omar confirmed that he had received it.
Following this, impeachment proceedings on Zarul Ahmad would resume on Feb 26, as scheduled.
Previously on Jan 9, this year, judge Azura granted the defence application to begin impeachment proceedings on Zarul Ahmad and directed 31 out of 108 pages of the CZCSB director’s statement to be given to Lim’s lawyers for them to look at it.
With the impeachment proceedings, a trial within a trial will be held to determine the veracity of Zarul Ahmad’s testimony, made in the present undersea tunnel graft trial, and whether he had been lying under oath.
If the former director is found guilty, he could face jail time or a fine.
The conflicting testimonies that resulted in the impeachment proceedings follow Zarul Ahmad’s testimony that the RM2 million which he gave to businessman Datuk Seri G Gnanaraja in this trial was for Lim.
He had explained that the RM2 million was retrieved from his company and another RM2 million he took out from his safe to give to Lim.
However, in Gnanaraja’s case where the businessman was originally charged with cheating but pleaded guilty to offences under the Companies Act 2016, the said money referred to as “chocolates” was supposed to make its way to former prime minister Datuk Seri Najib Razak in a bid for the MACC to drop its case against Zarul Ahmad.
Following this conflicting evidence, the defence then led by Gobind Singh Deo sought to impeach Zarul Ahmad.
For the Penang undersea tunnel trial, Lim, 60, is alleged to have used his position as the then-Penang chief minister to receive bribes amounting to RM3.3 million by helping a company owned by Zarul Ahmad to be appointed to implement a highway and undersea tunnel project in Penang worth RM6,341,383,702.
Lim was alleged to have committed the act between January 2011 and August 2017 at the Penang Chief Minister's Office.
For the second amended charge, Lim allegedly sought a bribe of 10% of the profits from Zarul Ahmad, as an inducement to help the businessman's company to be appointed for the same project.
Lim allegedly committed the act near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City, Kuala Lumpur, between 12.30am and 2am, in March 2011.
He is also facing two charges of causing two lots of land owned by the Penang government worth RM208.8 million to be disposed of to companies allegedly linked to the undersea tunnel project in the state. The offences were allegedly committed at the Penang Land and Mines Office, Komtar, on Feb 17, 2015 and March 22, 2017.