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Bar: Premature to say if Guan Eng should take leave
Published:  Jul 11, 2016 7:48 PM
Updated: 12:27 PM

The Malaysian Bar today said it was "premature" to say if Penang Chief Minister Lim Guan Eng should vacate office pending his corruption trial.

Malaysian Bar president Steven Thiru said this depended on the evidence to be adduced in the trial and whether there was risk of Lim interfering with this while in office.

"On the face of the charges, the evidence is uncertain and it would be premature at this stage to decisively conclude whether Lim should remain in office," he said in a statement.

For example, he said, formal documents could be verified through identification by relevant witnesses and the risk mitigated.

"However, the risk cannot be ignored if there is a need for oral witness evidence - independently or in addition to the evidence contained in the formal documents - and the relevant witnesses are his subordinates," he said.

He added there was no legal requirement for Lim to take leave, but there had been instances where public officials had done so when charged with a criminal offence, to avoid possible tampering of evidence.

Lim was on June 30 charged under the Malaysian Anti-Corruption Commission Act and Penal Code for alleged corrupt purchase of a house.

He was released on bail of RM1 million after pleading not guilty.

Thiru said the bail set was "extraordinarily high" and "punitive", especially since Lim never posed a flight risk and cooperated with investigations.

"Excessive bail would be perceived as punishing or penalising an accused person prior to the trial, and would be manifestly unfair to the accused person," he said.

Thiru added that Lim's overnight detention on June 29 was also unnecessary.

"Enforcement agencies should never resort to the power to arrest and detain, to intimidate, harass or victimise an accused person.

"This would be plainly a blatant misuse of power by any enforcement agency," he said.

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