The Kuala Lumpur High Court has today allowed impeachment proceedings against former Tourism Minister Abdul Kadir Sheikh Fadzir in the Port Klang Free Zone cheating trial involving former Transport Minister Dr Ling Liong Sik.

azlan Justice Ahmadi Asnawi said he recognised there were material contradictions with Abdul Kadir’s oral testimony and with the recorded cautioned statement with regards to the purchase of the PKFZ land.

“After comparing the written statement with the oral statement, the court agrees (to proceedings) to impeach the witness as applied by the prosecution under Section 155 of the Evidence Act (1950)”.

Deputy solicitor-general II Tun Abdul Majid Tun Hamzah, in applying to impeach Abdul Kadir, said there were contradictions with the witness’ testimony and cautioned statement recorded by the police under Section 112 of the Criminal Procedure Code.

“Abdul Kadir had told the investigating officer Supt R Rajagopal on July, 2011 that the RM1,088 billion in the PKFZ land purchase was the final price ( harga muktamad ),” he said.

“However, in his testimony today, he told the court that the price is not final,” he said.

With this, Ling’s trial will enter a trial-within-a trial with regard to Abdul Kadir, where Monday has been fixed to hear whether the defence and also Kadir would be allowed access to the full transcript of the cautioned statement recorded by the police.

Ling’s lawyer, Wong Kian Kheong, and Kadir’s lawyer, Chong Long Len, who were observing today’s proceeding, have applied to get the full statement on the grounds of justice so that the former tourism minister can be allowed to explain.

Tun Abdul Majid however, opposed the application as he said it was court practice that only the affected conflicting parts are highlighted (or shown) while the rest of Kadir’s statement can never be produced. Submissions for this application have been fixed for Monday.

Under the Penal Code, a person found guilty of perjury can face a jail term which could extend to seven years and shall also be liable to fine.

‘Sometimes Finance Ministry or ministry itself can decide’

Meanwhile, earlier this morning, Abdul Kadir in reply to the prosecution’s questions testified that it is not necessary for discrepancies or additional costs of a project to be brought back to the attention of the cabinet.

“Sometimes the Finance Ministry or the ministry itself can look into it without the involvement of the cabinet,” said the 74-year-old politician from Kedah.

He agreed that the stated price was RM1.088 billion could sometimes not be the final price.

Tun Abdul Majid: When the cabinet decides on a figure is it final?

Abdul Kadir: I do not agree that it is final. Usually the word final is not used (in the cabinet) as there are other factors including interest, the purchase price and the government would give the benefit of the government officers to decide. The word final is not suitable for me. If it is a small amount the discretion (mandat) will be given to the ministry.

Tun Abdul Majid: How about big figures?

Abdul Kadir: Maybe.

Tun Abdul Majid: The initial amount is RM1.088 billion and then it (the disputed amount) rises to RM1.88 billion, a difference of RM720 million is it a big or small amount?

Abdul Kadir: I agree that RM720 million (discrepancy) is a big amount. 

Tun Abdul Majid: Realising the RM1.88 billion is a big amount it must be brought to the cabinet?

Abdul Kadir: Not necessarily.

Najib, Pak Lah to be summoned

Ling, 69, is being charged with several counts of cheating the cabinet with regard to the purchase of 1,000 acres of land for the Port Klang Free Zone (PKFZ) project sometime in October 2002.

Before court proceedings ended today before Justice Ahmadi, Tun Abdul Majid said that the prosecution will be objecting the calling of Prime Minister Najib Abdul Razak as a defence witness.

On the sidelines, Ling told reporters that besides former premier Dr Mahathir Mohamad, his defence will subpoenae former PM Abdullah Ahmad Badawi and Najib.

“They were there during the cabinet meeting,” he said.

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