KUALA LUMPUR: The hearing of former Penang chief minister Lim Guan Eng’s Penang undersea tunnel corruption case has been adjourned to March 1 and 17 for the defence to obtain the note of proceedings from another court case about a RM2mil payment.
The official document contains WhatsApp messages between two key witnesses in Lim’s trial. Lim’s lawyer Gobind Singh Deo told the court yesterday that the defence was trying to obtain the notes of proceedings of the case in the Shah Alam Sessions Court involving businessman G. Gnanaraja.
He said the Shah Alam court had informed him that the application, which was filed on Feb 9 and served a day later, was in progress.
“We have contacted the Shah Alam court this morning, and they told us that it was being processed,” he said.
Gobind noted that during Gnanaraja’s trial, the court had heard that a sum of RM2mil was paid to someone else and not Lim.
“We require the notes of proceedings from Shah Alam Sessions Court to support our application here.
“The WhatsApp messages are important to show that the prosecution suppressed this evidence from us,” he said.
Gnanaraja was charged in 2019 with cheating Consortium Zenith Construction Sdn Bhd (CZCSB) director Datuk Zarul Ahmad Mohd Zulkifli of RM19mil.
However, Gnanaraja pleaded guilty to an alternative charge under the Companies Act in December 2020 and was fined RM230,000.
Zarul Ahmad is currently on the witness stand, while Gnanaraja’s name is also on the prosecution witness list in the ongoing trial.
Zarul Ahmad has previously testified that the RM2mil – that was described as “chocolate” – was for Lim as part of the bribes to ensure his company secured the project from the state government.
Gobind requested a two-week adjournment to allow the defence to secure the certified true copy of the document.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin said the prosecution had no issue with the postponement and said it would give time for both parties to file new affidavits.
Judge Azura Alwi fixed March 1 for the hearing to resume.
Lim, 62, is facing an amended charge of using his position as Penang chief minister to solicit RM3.3mil in bribes as an inducement to assist Consortium Zenith BUCG Sdn Bhd (CZBUCG) owner, Zarul Ahmad, to secure the project worth RM6,341,383,702.
Lim allegedly committed the offence at the Penang Chief Minister’s Office, Level 28, Komtar, George Town, between Jan 2011 and Aug 2017.
In the second amended charge, Lim is accused of soliciting a bribe of 10% of the profit from the company as gratification to secure the project.
The offence was allegedly committed near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City here in March 2011.
Lim, who is former DAP secretary-general, faced another two charges of causing plots of land – worth RM208.8mil and belonging to the Penang government – to be disposed to two companies linked to the state’s undersea tunnel project.