MP picks apart AG's 'strange' explanation on PKFZ case
An opposition MP finds Attorney-General Abdul Gani Patail’s explanation for not appealing against the acquittal of former transport minister Dr Ling Liong Sik in the Port Klang Free Zone (PKFZ) cheating case rather strange.
An opposition MP finds Attorney-General Abdul Gani Patail’s explanation for not appealing against the acquittal of former transport minister Dr Ling Liong Sik in the Port Klang Free Zone (PKFZ) cheating case rather strange.
Among others, Gani (
right
) was quoted as
saying
yesterday, "When your main witness says he is not cheated, what case do we have?"
Zeroing in on this statement, Puchong MP Gobind Singh Deo fired several questions.
“Didn't the police interview their main witness during investigations before Ling was charged?
“Didn't the AG study the statement of his main witness before making a decision to charge Ling?
“Didn't the prosecuting team re-read its main witness' statement again before the start of the trial and during the course of the trial?” Gobind asked in a statement today.
Although Gani did not named the main witness in question, it is believed he was referring to former prime minister Dr Mahathir Mohamad, who testified in Ling’s defence.
And if so, Gobind questioned, why Mahathir ( below, left ) was not called as a witness by the prosecution during the trial .
“Why was he called as a witness by the defence instead? And even until this stage, didn't the prosecution know what he would say?” he added.
The DAP leader said wat is difficult to believe that Gani would have gone all the way with the prosecution, especially in such a high profile case, if he knew the main witness would say he was not cheated.
“But the AG did. So what happened?” he asked, demanding an explanation from Gani.
Gobind also wanted to know if a statement had been recorded from the main witness in this case.
“If yes, did this main witness say in that statement that he was cheated?
“If he didn't and the AG knew from the start that the main witness was not going to say he was cheated, then why was Ling charged?” he added.
Did main witness changed stand?
Gobind also wondered if the main witness had changed his stand.
“Of course, the other side of it is even more serious.
“If indeed a statement was recorded from the main witness and he did he say he was cheated, did he later change his story at the trial? Did he contradict himself?
“If so, what has AG done about it?” he asked.
Gobind ( right ), a lawyer by profession, was also not convinced by Gani’s claim that the appeal was not filed because the decision was based on findings of fact.
“Firstly, let me say at the outset that this is a weak excuse. It is common for the prosecution to appeal even where there are findings of fact against its case, in any given case.
“It is open for any appellant to argue on appeal that a trial judge was wrong in his assessment of the facts of any particular case for many reasons and appeals have been allowed in such cases as well,” he added.
Ling, who is also a former MCA president, was on Oct 25 acquitted of the charge of deceiving the cabinet with regard to the multi-billion PKFZ project.


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