PETALING JAYA (May 3): The Penang High Court on Friday dismissed former Penang chief minister Lim Guan Eng, his wife Betty Chew Gek Cheng, and businesswoman Phang Li Koon’s attempt to strike out their graft and money-laundering charges.
Judicial Commissioner Rofiah Mohamad ruled that the principles of double jeopardy, as argued by the defence, could not be used in this case, as there were differences between the first and second proceedings in terms of offence, position held by the accused when the offence was allegedly committed, and the alleged bribe received.
"The actions allegedly committed by the accused and the type of offences are different. It is clear in the first proceedings where 25 witnesses had been called (before the case was dropped) that there was no finding of fact made by the court based on the witnesses in the duration of that trial.
"There was no judicial determination by that court based on evidence before it on whether the accused is guilty or otherwise on their previous charges. The discharge and acquittal given in the first proceeding to stop prosecuting them and withdrawing their charges was at the trial stage.
"The acquittal was not upon a judicial adjudication by the court on the available evidence in the first trial. Hence, the doctrine of double jeopardy does not apply, and the accused are required to stand trial," Rofiah said.
The JC also ruled that the imposition of the charges in instalments is at the discretion of the Attorney General, and should a challenge on the discretion be made, it must be made via a judicial review and not a criminal application.
Double jeopardy is a legal principle in which the accused may not be tried for the same alleged offence.
Lim and Phang were first acquitted in 2018 midway during trial when the prosecution withdrew its case in which two graft charges had been preferred against Lim and Phang over the alleged conversion of state land status and the purchase of a bungalow at below market value.
In proceedings on Friday, Lim and Chew were represented by RSN Rayer, while Phang was represented by Datuk V Sithambaram.
Rayer has indicated that they would appeal the decision made by Rofiah.
Deputy public prosecutors Syed Faisal Syed Amir, Mohd Ashrof Adrin Kamarul and Shafiz Hassim appeared for the prosecution.
Ashrof confirmed the outcome when contacted by The Edge.
Additionally, Lim, Chew, and Phang face the new charges under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and the Malaysian Anti-Corruption Commission Act 2009 involving a dormitory project awarded to Phang when Lim was the then chief minister.
Lim is alleged to have received gratification worth RM372,009 via Chew, to ensure that Magnificent Emblem Sdn Bhd was awarded the project at Juru and Batu Kawan.
Chew is alleged to have received the sum from Excel Property Management and Consultancy Sdn Bhd controlled by Phang, between Aug 19, 2013, and March 3, 2016, during which Lim was also tender board chairman of the Penang Development Corp.
Phang is charged with abetting Lim.
Chew is facing three charges of money laundering of the RM372,009 which was made in three tranches from a bank account registered at Taman Melaka Raya between Oct 7, 2013, and March 3, 2016.
Chew, who is also a lawyer, has a practice in Taman Melaka Raya, Malacca.