KUALA LUMPUR (June 7): Datuk Zarul Ahmad Mohd Zulkifli agreed with Lim Guan Eng’s counsel RSN Rayer that when he gave his statement to the Malaysian Anti-Corruption Commission (MACC) in March 2018, he did not mention that the former Penang chief minister had asked for a 10% bribe for the island’s undersea tunnel project.
Zarul Ahmad, the witness who is also a former director of Consortium Zenith Construction Sdn Bhd (CZCSB), told the Sessions Court on Friday that the statement recorded in March 2018 was focused on the graft body’s investigation against businessman G Gnanaraja.
In that statement, the witness told the investigators that in a meeting held at Gnanaraja’s Petaling Jaya house in the early morning of late August 2015, Lim vouched that the Penang government would not disrupt a federal project at the Royal Malaysian Air Force base on the island, initiated by former prime minister Datuk Seri Najib Razak.
This is allegedly due to Lim wanting to hold closer ties with Najib.
However, Zarul Ahmad on Friday agreed that in this undersea tunnel graft trial, he had instead testified that during the meeting at Gnanaraja’s house, Lim allegedly sought a 10% bribe.
The witness, when replying to questions from Rayer, admitted that there were material contradictions in the two pieces of evidence.
'MACC asked me to focus on Gnanaraja in March 2018 statement'
Explaining the contradictions, Zarul Ahmad maintained his stance that when his statement was recorded in March 2018, the MACC asked him to focus on the graft-busters' case against Gnanaraja.
The matter came about when Rayer showed him the March 2018 statement, contrasting it with the witness' evidence in this trial.
Zarul Ahmad had explained many times in this trial before Sessions Court judge Azura Alwi that he was asked to focus on Gnanaraja in the March 2018 statement.
Gnanaraja was initially charged with cheating Zarul Ahmad and CZCSB of RM19 million in funds at the Sessions Court in Shah Alam, but was only convicted and fined RM230,000 after pleading guilty to an alternative charge under the Companies Act.
Prior to this, Zarul Ahmad had testified in court that there was a special investigation by the MACC with regard to the Penang undersea tunnel project.
Earlier, Lim’s defence had sought an adjournment of the hearing on Friday to further prepare for the impeachment proceedings, after obtaining leave from Azura to rule that there were material contradictions in Zarul Ahmad’s evidence, in a portion of his testimony.
However, this was objected by lead deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin, who said a lot of time had been wasted on the impeachment proceedings and wanted the matter to go on. As a result, Rayer proceeded to question Zarul Ahmad on Friday.
Lim, 62, the Member of Parliament for Bagan, 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 the DAP chairman, is accused of accepting RM3.3 million in kickbacks. The purported RM2 million paid on Aug 18, 2017 to 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.
The hearing before Azura continues on July 19.