KUALA LUMPUR (May 2): Former Penang chief minister Lim Guan Eng’s undersea tunnel graft trial on Thursday did not proceed as scheduled because star witness Datuk Zarul Ahmad Mohd Zulkifli is down with vertigo.
Sessions Court judge Azura Alwi also dismissed the defence’s application for a warrant of arrest to be issued against Zarul Ahmad for informing the court of his predicament late.
Earlier, deputy public prosecutor Datuk Wan Shaharuddin Wan Laden informed Azura that they were informed by the investigating officer at 10.15am that Zarul Ahmad could not come in as he was not well and would produce his medical certificate (MC) at the next trial date.
“The court is also aware of his condition (having cancer), and I have asked him to produce the MC at the next date on June 7,” Wan Shaharuddin said.
Defence counsel RSN Rayer said he and Lim had travelled from Penang to come here for this case at 4am, only to be told late that Zarul Ahmad is not available.
“Zarul Ahmad is facing impeachment proceedings, and his action of being late in informing us has caused much inconvenience as Lim has to attend to a decision (in Penang) on Friday (tomorrow) regarding his application to strike out his charges there.
“The defence does not fault the prosecution, as they were only informed at 10.15am today. The defence would like the court to consider our oral application for a warrant of arrest to be issued on Zarul Ahmad as there is no MC to certify that he is not well. However, we leave this to the discretion of the court,” Rayer said.
Wan Shaharuddin said the court is well aware of Zarul Ahmad’s medical condition and thinks it is not proper for a warrant of arrest to be issued by the court.
“Zarul Ahmad promised to bring his MC tomorrow, but as there is no proceedings, I have asked him to bring it at the next date,” he added.
Azura agreed and said it would not be proper for the court to issue a warrant of arrest owing to Zarul Ahmad’s condition.
She said the court also fixed June 7, July 19, August 8-9, 16 and 26-27, Sept 19-20, Oct 2-3, 9 and 23-25, and Nov 14-15 and 25-26 as additional hearing dates for the case.
Lim, 62, is the Member of Parliament for Bagan, and is accused of using his position as the then Penang chief minister to solicit a 10% cut in the RM6.3 billion undersea tunnel project’s profits from Zarul Ahmad, in return for aiding the businessman’s company to secure the project.
Lim, who is also DAP chairman, and former finance minister, is accused of accepting RM3.3 million in kickbacks from Zarul Ahmad. The purported RM2 million paid on Aug 18, 2017, to businessman G Gnanaraja was said to be part of the RM3.3 million.
Lim 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 — two property companies linked to the controversial undersea tunnel project.