KUALA LUMPUR (May 6): Malaysian Anti-Corruption Commission (MACC) investigating officer (IO) Zulhilmi Ramli told the Sessions Court on Wednesday that there was no money trail with regard to Lim Guan Eng’s Penang undersea tunnel graft case as all the purported ill-gotten gains of RM3.3 million were paid in cash.
Zulhilmi, 34, in replying to questions from deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin, admitted that in this case, there was no money trail, but this does not affect his investigations.
Wan Shaharuddin: Is your case affected when there is no money trail in this case?
Zulhilmi: No.
Wan Shaharuddin: Why does it not affect your investigations?
Zulhilmi: In my investigations, the payment of the RM3.3 million is paid in stages and it is paid in cash. Furthermore, this corresponds with my recorded statements from key witness Datuk Zarul Ahmad Mohd Zulkifli (former Consortium Zenith Construction Sdn Bhd (CZCSB) director), and this is supported from other statements from other witnesses like businessman Datuk Seri G Gnanaraja, and former CZCSB directors Ibrahim Sahari and Azli Adam. I also investigated based on the documents obtained, and saw that a meeting was held in Zarul Ahmad’s car with Gnanaraja and Lim. This is further supported by forensic evidence (of pictures) in Zarul Ahmad’s car and Gnanaraja’s home.
Previously, Ibrahim and Azli had testified that they had prepared a cash cheque and payment voucher to be given to Gnanaraja, and in turn, the sum was also given to Lim.
Wan Shaharuddin: Do you have anything else to say over the investigations?
Zulhilmi: In my investigations, all of the transactions were done in cash. It would seem unwise (stupid) if the accused put the cash in his own account (which may show a money trail).
Why Zarul Ahmad and Gnanaraja’s testimony conflict but their evidence taken
The MACC IO, who is the 38th prosecution witness, also explained to the court about the conflicting testimony given by Zarul Ahmad and Gnanaraja as to the sum of RM19 million.
Zulhilmi said Gnanaraja had explained that it was a friendly loan given to him by Zarul Ahmad, while Zarul Ahmad had said that the sum was to resolve his money laundering case with the MACC.
When pointed out by Wan Shaharuddin as to why Gnanaraja had been called as a witness in this case despite the conflicting testimony, Zulhilmi replied that Gnanaraja’s testimony over the RM2 million given to Lim was supported by Zarul Ahmad’s evidence.
Zarul Ahmad had previously testified that a sum of RM4 million cash was prepared and placed in four bags of RM1 million each, and two of the bags were given to Lim while in Zarul Ahmad’s car, and on another one was given on another occasion when the DAP leader went to Gnanaraja’s home.
According to Zulhilmi, despite their conflicting testimony over the purpose of the RM19 million, the fact remains that both Zarul Ahmad and Gnanaraja’s testimony over the handover of money to Lim seemed consistent.
The MACC IO also revealed that although Gnanaraja was initially charged with cheating and money laundering at the Shah Alam Sessions Court, Gnanaraja was offered an alternative charge under Section 218 of the Companies Act 2016.
“Gnanaraja pleaded guilty to the alternative charge under the Companies Act despite him being originally charged under Section 420 Penal Code and Section 4(1) of the Anti Money Laundering, Anti Terrorism Financing and Proceeds from Unlawful Activity Act (AMLA) and was sentenced for it.
“According to the Shah Alam court records, Gnanaraja’s alternative charge admission was not taken into consideration for his cheating and money-laundering charges,” the witness said.
Prior to this, it was alleged that Gnanaraja had pleaded guilty to the Companies Act charge — where he was fined RM230,000 — so that his cheating and money laundering charges would be taken into consideration in the sentencing.
Gnanaraja had been questioned extensively over this by Lim’s lawyers at the last proceedings, where the businessman denied that the charges of cheating and money laundering were taken in consideration to the fine imposed.
The businessman had previously been asked by Lim’s lawyers over an affidavit he had made in the trial, where Gnanaraja had affirmed his willingness to testify in another trial if the cheating charges were dropped.
Earlier, Sessions Court judge Azura Alwi had allowed the prosecution’s bid to amend one of Lim’s graft charges, where she said the court was satisfied that the amendment could be made before the conclusion of the prosecution’s case, as this would not prejudice the accused.
Following this, the amended charge was read to Lim and the former Penang chief minister maintained his plea of not guilty.
Azura said following the amendment, the court would allow the defence’s bid should they want to call previous prosecution witnesses.
The amendment to Lim’s charge is only for the removal of the word “accepting” the RM3.3 million alleged bribe.
Lim is on trial for 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 Zarul Ahmad’s company to secure the project.
The 65-year-old former finance minister, who is the current Bagan member of Parliament and Ayer Putih assemblyman, is also accused of getting RM3.3 million in kickbacks. A purported RM2 million paid on Aug 18, 2017, and Aug 29, 2017, via Gnanaraja, is said to be part of the RM3.3 million.
Lim, who is currently the DAP adviser, also faces two counts of dishonest misappropriation of property, in the release of 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.
Azura allowed the adjournment of Wednesday’s and the next day’s (Thursday, May 7) proceedings, following requests from Lim’s counsel Ram Karpal Singh and RSN Rayer, to seek further instructions on whether there was a need to recall some of the previous prosecution witnesses due to the amendment to the charge being allowed.
Following this, the trial will resume on May 14.