KUALA LUMPUR (Sept 20): The key witness in Lim Guan Eng’s undersea tunnel trial on Friday told the Sessions Court that the former Penang chief minister agreed on businessman G Gnanaraja being chosen as an intermediary for the politician to receive purported bribe money for the project.
Consortium Zenith Construction Sdn Bhd director Datuk Zarul Ahmad Mohd Zulkifli said when he got the go-ahead from Lim on Aug 17, 2017, he related the matter to Gnanaraja via a WhatsApp call, and the businessman, via a Whatsapp message, replied, “fantastic Penang CM done”.
Zarul, who was under impeachment proceedings in replying to questions from Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin, said that he needed someone as an intermediary, as he (Zarul) was being observed by the Malaysian Anti-Corruption Commission (MACC).
“The risk is high (for me) to pay (the bribe money) directly (to Lim),” he said, adding that this was the reason that he needed the money to be paid through an intermediary.
“That is why a special purpose vehicle company was formed by Gnanaraja called Bumi Muhibah Sdn Bhd for this purpose (to hide the bribe money to be given in future) rather than giving it directly to Lim,” the witness said.
The witness said he had suggested to Lim prior to that, sometime in early August 2017, of using Gnanaraja as an intermediary as he is also a BN supporter who is close to then-prime minister Datuk Seri Najib Razak and thus is suitable for the role.
“Lim agreed to this, and said that he would go to KL soon and want to meet Gnanaraja. On Aug 17, I told Gnanaraja via WhatsApp message that he (Lim) was heading to KL [and Gnanaraja would] need to pass ‘chocolate’ to big boss,” Zarul said, adding that the “big boss” here referred to Lim.
Zarul said on surrendering the RM4 million cash to Gnanaraja, the businessman was happy, as finally he got to meet Lim and get to know him better.
Prior to this, former minister Datuk Seri Nazri Aziz had testified that he had introduced Zarul to Lim much earlier.
Zarul said the RM2 million, which was part of the RM4 million given to Gnanaraja, was for him to give to Lim on Aug 18, 2017.
Guan Eng’s charges
The 63-year-old Bagan Member of Parliament is on trial charged with 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, in return for aiding the businessman’s company to secure the project.
Lim, who is also the DAP chairman and a former finance minister, is also accused of accepting RM3.3 million in kickbacks. A purported RM2 million paid on Aug 18, 2017, via businessman Gnanaraja, is 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.
RM2 million is part of proceeds given by Ewe
Zarul further told the court that the RM2 million was sought by Lim in 2017, as he felt the 14th general election was coming closer.
“I already received RM30 million from Datuk Ewe Swee Kheng earlier in 2013 following the Lot 702 land (which is subject to the dishonest misappropriation charge) and this RM2 million given to Lim (in 2017) was part of the sum,” he said, adding that in 2013, his company was not given ownership of Lot 702.
Lot 702, which was reclaimed from the sea, was awarded to the company in 2015, and along with Lot 713 was part of the land swap deal in relation to the Penang undersea tunnel project.
Lim’s defence had contended that Zarul had given conflicting statements in this trial, compared to the statement he had given to the MACC in Gnanaraja’s cheating trial.
However, Zarul never testified in Gnanaraja’s cheating trial, and in turn, the businessman pleaded guilty to an offence under the Companies Act 2016 and was fined RM250,000.
This had resulted in the impeachment proceedings against Zarul.
Replying to further questions by Wan Shaharuddin, the witness said following the sequence of events, he told the court that he had no intention of lying or committing perjury in court.
“I am indebted to Lim, and that is why I give a true testimony in this trial,” the witness said.
The hearing before Sessions Court judge Azura Alwi continues on Oct 2.