“When I took over, there were already statements recorded from Datuk Zarul Ahmad Mohd Zulkifli (a former Consortium Zenith BUCG Sdn Bhd director), [businessman] Datuk Seri G Gnanaraja, and businessman Datuk Ewe Swee Kheng. However, the initial probe on the matter found nothing.” — MACC investigating officer Zulhilmi Ramli.
KUALA LUMPUR (May 14): The Malaysian Anti-Corruption Commission (MACC) investigating officer in Lim Guan Eng's graft case has agreed with the defence that initial investigations into the three main roads and the Penang undersea tunnel showed that the matter was classified as 'no further action' (NFA).
Zulhilmi Ramli, 34, said he only took over as the investigating officer in June 2020, and from there, he found there was a case against the former Penang chief minister after he took over from several other officers who had led the probe.
The witness, who is the 38th produced by the prosecution, said he was part of the task force for the Penang undersea tunnel and three main roads case following a complaint lodged in 2018.
Zulhilmi said he joined the team in January 2020.
“The investigating officer to the Penang undersea tunnel and three main roads case were one Ng Heng Joon, one Rosli, then Ahya and Kumar. When I took over, there were already statements recorded from Datuk Zarul Ahmad Mohd Zulkifli (a former Consortium Zenith BUCG Sdn Bhd director), [businessman] Datuk Seri G Gnanaraja, and businessman Datuk Ewe Swee Kheng.”
“However, the initial probe on the matter found nothing,” the witness said in reply to questions during cross-examination by defence counsel Mohd Haijan Omar.
Zulhilmi agreed with Haijan that he had seen minutes or memos to the investigating paper classifying the matter as NFA.
Haijan: Who wrote the memo on NFA?
Zulhilmi: I am not sure.
Haijan: What is stated in the memo?
Zulhilmi: At that time, it was stated that there was no case, as there was insufficient evidence or statements collected. I understand the investigations stopped and there was no prosecution.
Haijan: Who wrote the memo?
Zulhilmi: I do not know – possibly Rosli.
Without Ewe, Zarul Ahmad, and Gnanaraja’s statement, there is no case
When asked further by Haijan, Zulhilmi agreed that without further statements from Ewe, Zarul Ahmad, and Gnanaraja, there could be no case against Lim.
Haijan: In your investigation, without the evidence from Zarul Ahmad, Gnanaraja, and Ewe, the case can be classified as above board and there is no offence?
Zulhilmi: Agreed.
Haijan: The action taken by Lim in chairing the meeting and tendering the award was all proper?
Zulhilmi: Agreed.
Haijan: Without the evidence from Zarul, Gnanaraja, and Ewe, the deal (the undersea tunnel) showed that Lim had not acted in his personal interest, the deal was done transparently?
Zulhilmi: I disagree.
The witness said after gathering all the evidence and recording further statements from Zarul Ahmad, Gnanaraja, and Ewe, they found evidence of the purported wrongdoing.
The investigating officer disagreed with Haijan’s suggestions that when he took over the investigation, he had focused his probe solely on Lim.
“I agree that there is a memo showing there is no case against Lim. The investigation that I have done is not solely on your client,” he added.
Earlier in the morning, deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin produced a typed document containing Ewe’s statement through Zulhilmi.
The witness agreed that the typed document was similar to a written statement recorded by MACC recording officer Mohd Nazri Mansor on Ewe.
Nazri had typed the statement in his hotel room in Penang after recording it, Zulhilmi added.
While Wan Shaharuddin wanted Ewe’s typed written statement to be marked as evidence as the written statement recorded by Nazri had already been admitted as evidence, this was objected to by Haijan who said the maker of the document must be called.
As a result, Sessions Court judge Azura Alwi said the court will mark it for identification purposes only and not admit it as evidence.
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.
The trial continues on June 4 and 5.