KUALA LUMPUR (Aug 7): A Malaysian Anti-Corruption Commission (MACC) investigation officer (IO) agreed with Lim Guan Eng’s defence counsel that the Penang state secretary and the state legal adviser had been consulted during a Penang exco meeting, before two memoranda of understanding in relation to the Penang undersea tunnel and three main roads project in 2011.
Senior defence lawyer Ramkarpal Singh asked MACC IO Zulhilmi Ramli whether he had investigated the Penang exco papers before the two memoranda of understanding — dated March 13, 2011, and March 23, 2011 — were signed between Consortium Zenith BUCG Sdn Bhd (CZBUCG) and Beijing Urban Construction Group (BUCG), and the Penang government, to which Zulhilmi replied in the affirmative.
Ramkarpal: Is it correct that every MOU is discussed in the Penang exco meeting?
Zulhilmi: Yes.
Ramkarpal: Do you agree that the accused (Guan Eng), who chaired the meeting, he had asked the view of the state legal adviser on the matter?
Zulhilmi: Yes.
Ramkarpal: The accused also asked the state legal adviser [whether] the project could be feasible and not against the law like the National Land Code. He asked for legal advice on these issues?
Zulhilmi: Yes.
Ramkarpal: So all these were taken action?
Zulhilmi: Yes.
Ramkarpal: The accused had also sought the advice of the state secretary and the state legal adviser on the next course of action with regards to pre-qualification (Pre-Q) and request for proposal (RFP)?
Zulhilmi: I am not sure.
Ramkarpal: The pre-qualification and RFP process is important in this case?
Zulhilmi: Agreed.
In the Penang undersea tunnel graft trial involving Lim, the state legal adviser at the time had been Datuk Faiza Zulkifli, who had also testified in the trial.
Zulhilmi then answered that various state officials, including representatives from CZBUCG including its former director Datuk Zarul Ahmad Mohd Zulkifli, had attended the Pre-Q and RFP meetings after the MOU had been signed.
Zarul Ahmad’s inconsistent testimony questioned
Earlier, Ramkarpal questioned the MACC IO on whether he knew how many times Zarul Ahmad had attended meetings with the state government.
(Zarul Ahmad had testified that he had attended state meetings many times and had received a lot of advantages in bidding for the project.)
When Ramkarpal pointed out that, on record, the state meeting minutes showed that Zarul Ahmad had only been invited to three meetings, Zulhilmi replied that he does not know of this.
When shown the attendance of the meeting minutes, Zulhilmi agreed that he investigated the meeting minutes and agreed that Zarul Ahmad was in attendance three times with two other CZBUCG officials.
Ramkarpal further asked whether former Penang Works exco Datuk Lim Hock Seng had testified that Zarul Ahmad had only attended three meetings, to which Zulhilmi replied that he does not know.
This follows the senior lawyer suggesting that Hock Seng had given conflicting testimony to that given by Zarul Ahmad.
Zulhilmi added that he got to know from Zarul Ahmad and other witnesses that he (Zarul Ahmad) had attended many state meetings.
“It is not only from Zarul Ahmad’s statement itself,” Zulhilmi said.
Ramkarpal: I told you Hock Seng had stated that Zarul Ahmad only attended three meetings. Isn't Hock Seng’s testimony not in line with Zarul Ahmad?
Zulhilmi: I do not agree.
Ramkarpal: How is it that it is not in conflict and inconsistent with Zarul Ahmad?
Zulhilmi: Hock Seng’s evidence is based on minutes, but I based it on what Zarul Ahmad said.
The trial before Sessions Court judge Azura Alwi resumes on Sept 10.
Guan Eng 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.
Guan Eng 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.