KUALA LUMPUR (Oct 27): The prosecution on Tuesday concluded its case against Bagan Member of Parliament and DAP adviser Lim Guan Eng in the Penang undersea tunnel graft trial at the Sessions Court here.
Judge Azura Alwi will now consider the evidence presented by prosecutors and decide whether to acquit Lim or ask the former Penang chief minister to defend himself, opening another potentially lengthy phase of the trial before a verdict is made.
Azura fixed Jan 26 and 27 next year for oral submissions, with written submissions to be filed by Jan 13.
Proceedings in the case started more than five years ago on July 13, 2021.
Tuesday began with Lim’s lawyers, Haijan Omar and Asyraaf Abu Bakar Hamzah, cross-examining the 38th prosecution witness, Malaysian Anti-Corruption Commission investigating officer Zulhilmi Ramli. Deputy public prosecutors Datuk Wan Shaharuddin Wan Ladin and Mahadi Abdul Jumaat closed the day with re-examination.
The prosecution also offered Penang mayor Datuk Rajendran P Anthony as a witness for the defence, should the court decide to call for Lim’s defence.
Lim is accused of using his position as the the-Penang chief minister to solicit a 10% cut of the profits from the RM6.3 billion undersea tunnel project. Lim allegedly helped Consortium Zenith Construction Sdn Bhd secure the project and accepted RM3.3 million in kickbacks from its director Datuk Zarul Ahmad Mohd Zulkifli.
The Bagan MP also faces two counts of dishonest misappropriation of property involving the release of two plots of state-owned land, with a combined value of RM208.75 million, to Ewein Zenith Sdn Bhd and Zenith Urban Development Sdn Bhd, two property companies linked to the undersea tunnel project.
The prosecution’s case featured key witnesses in Zarul Ahmad, Datuk Seri G Gnanaraja and former law minister Datuk Seri Nazri Abdul Aziz.
Nazri testified that he had introduced Zarul Ahmad to Lim in early 2011.
Investigator denies Rajendran only person to evaluate CZBUCG
During cross-examination, Zulhilmi rejected Haijan's suggestion that Rajendran was key in evaluating CZBUCG's bid for the project as there was a committee that decided the matter.
Haijan said Rajendran was a deputy director of engineering at the Penang City Council before becoming the mayor and should be well-versed in the request for proposal (RFP) and the prequalification criteria of the project.
The lawyer also said there had been three meetings between state officials and CZBUCG.
It is the prosecution’s contention that CZBUCG had an unfair advantage as state officials briefed it on the tunnel project as well as the three linked roads, whereas other potential bidders were not.
Zulhilmi also disagreed that it was Rajendran who suggested that CZBUCG be awarded the three road contracts connecting Jalan Tanjung with the Penang undersea tunnel
The witness agreed that Rajendran, as an engineer and a senior civil servant, had wide experience and the qualifications to assess CZBUCG.
But he disagreed that the three meetings CZBUCG had were not enough to give it an advantage over other bidders.
The witness also said he did not know whether Rajendran gave the WCT-Daewoo Consortium the highest marks among the project bidders.
Witness: Guan Eng, Zarul and Ewe had conspired since 2011
During re-examination by Wan Shaharuddin, Zulhilmi said as early as Jan 2011, there was a pact between Lim, deceased businessman Datuk Ewe Swee Kheng and Zarul Ahmad for the land swaps linked to the project.
Ewe would gain Lot 702, which was originally given to CZBUCG as part of payment.
“In my investigations the pact was made as early as Jan 2011, following Lim’s meeting with Zarul Ahmad at the Shangri La Hotel. Furthermore, Ewe had given his statement that Lim would help Ewe get the land and he would find a contractor (later CZBUCG) to be involved.
“My investigations revealed that Lim had not declared his interests during the Penang executive council meeting which he chaired,” the Zulhilmi added.
Zulhilmi said the pact resulted in Ewe signing a joint venture agreement in December 2013, but the businessman had paid RM13.3 million to CZBUCG the previous month in exchange for the land.
The witness this was strange as the money was paid before the joint venture agreement was signed.
Zulhilmi noted that besides Zarul Ahmad, Gnanaraja also testified that Lim was handed money in August 2017.
This testimony, he added, corroborated other witness accounts of CZBUCG allegedly paying bribes to Lim.
Ewe, founder and former executive chairman of Ewein Bhd, fell to his death from his 17th floor condominium in October 2021. He was scheduled to testify in Lim’s trial, and his recorded statement was submitted as evidence.
The originally leasehold Lot 702 was redesignated freehold before CZBUCG transferred it to Ewe. It is the site the multi-development housing project known as City of Dreams.
Zulhilmi further testified that he felt the Penang government lost out in the land swap deal as the matter has to be seen as a whole where Ewe was willing to make huge payments as early as November 2013 where else the land originally a leasehold had been changed to freehold was transferred to Ewe’s company in December 2013.