KUALA LUMPUR (March 15): A former director of Consortium Zenith Construction Sdn Bhd (CZCSB) admitted he had changed an earlier statement that he gave to the Malaysian Anti-Corruption Commission (MACC) after over a year. That statement is regarding allegedly paying RM2 million to former Penang chief minister Lim Guan Eng.
When asked by Lim’s counsel RSN Rayer, Datuk Zarul Ahmad Mohd Zulkifli, who is facing impeachment proceedings, admitted that when he gave his statement to the MACC on Jan 19 and 20, March 9 and Sept 5, 2018, he made no mention of the DAP leader.
The witness said those statements were regarding paying businessman G Gnanaraja and former prime minister Datuk Seri Najib Razak in a bid to stop investigations against him and CZCSB over the Penang undersea tunnel project.
Rayer: Prior and on Sept 5, 2018, you only mentioned to the MACC of giving the RM19 million to Gnanaraja and Datuk Seri Najib Razak, in a bid to stop the anti-graft body’s investigations on you and CZCSB?
Zarul Ahmad: Yes.
Rayer: As of Sept 5, 2018, you mentioned that the sum was paid to Gnanaraja, for him to hand to the former prime minister?
Zarul Ahmad: Yes.
The witness also agreed that the statement he gave to the MACC in those four meetings spanned from the company’s cheating claim against Gnanaraja, which the businessman was initially charged with.
It is to be noted that despite the cheating charge faced by Gnanaraja, his case against the MACC ended at the Shah Alam Sessions Court, after the businessman pleaded guilty to an offence under the Companies Act, for which he was fined RM230,000 in 2020.
First time mentioning Lim’s name in statement
As Rayer, who is also Jelutong Member of Parliament, asked Zarul Ahmad about the statement he gave the MACC on Dec 9, 2019, the witness admitted this was the first time he mentioned Lim’s name.
Zarul Ahmad, 64, said he gave the statement to the MACC after only realising the testimony given by another CSCSB director then, Ibrahim Sahari, in Gnanaraja’s trial.
When quizzed further by Rayer on how he knew about Ibrahim’s testimony as he was also a witness, Zarul Ahmad explained that he was called in as a witness in Gnanaraja’s trial but did not testify in it.
“I was called as a witness in the trial and was in the witness room with Ibrahim. I had a look at his witness statement, and following that I decided to give another statement on Dec 9, 2019 after being called by the MACC,” he added.
Zarul Ahmad agreed with Rayer that as a witness in a trial he was not supposed to discuss the case with other witnesses or look at their witness statements.
Prior to this, Ibrahim had testified in Lim’s trial last year that he had helped to cash a RM2 million Public Bank cheque by CZCSB, and issued a payment voucher for the sum to be paid to Gnanaraja.
This was part of the RM19 million paid to Gnanaraja.
However, Zarul Ahmad, who is the star witness in this trial, said there is an additional RM2 million which he withdrew from his safe at the office, and the sum was also paid to Gnanaraja for Lim.
Following the conflicting testimonies given, the defence had moved to impeach Zarul Ahmad, which the Sessions Court allowed earlier this year.
When asked by Rayer, Zarul Ahmad admitted that he understood that prior to giving his statement to the MACC, he was supposed to tell the whole truth and that he understood the risk of giving a false statement.
The witness said at that time, his four statements that were given before Dec 9, 2019 were for the case against Gnanaraja.
Zarul Ahmad also admitted that he did not give a true picture in the statements that he gave prior to Dec 9, 2019, which is an offence under the Penal Code, but when he wanted to explain further, he was prevented from doing so by Lim’s lawyer.
Zarul Ahmad said every time he went to the MACC after that, he was not accompanied by a lawyer and felt pressured.
“This follows that I have been remanded for 11 days prior to my release on Jan 19, 2018. Following that, I have not gone out of the house for two months. In addition, I also have an anxiety disorder,” the witness explained.
The prosecution is led by deputy public prosecutors Datuk Wan Shaharuddin Wan Laden and Mahadi Abdul Jumaat, while Haijan Omar appeared with Rayer.
The trial for the impeachment proceedings will resume before Sessions Court judge Azura Alwi on April 1, 2 and 4.