Guan Eng appeals to Federal Court over bid to transfer corruption case
The Federal Court is set to hear former finance minister Lim Guan Eng’s bid for the High Court to hear his Penang undersea tunnel corruption case.
This followed on the heels of the former Penang chief minister filing the notice of appeal to the apex court at Putrajaya on Friday last week...
The Federal Court is set to hear former finance minister Lim Guan Eng’s bid for the High Court to hear his Penang undersea tunnel corruption case.
This followed on the heels of the former Penang chief minister filing the notice of appeal to the apex court at Putrajaya on Friday last week.
Lim (above) is appealing against the Court of Appeal’s decision to dismiss his appeal to transfer his graft case from the Kuala Lumpur Sessions Court to the High Court.
On Nov 16, it was reported that a three-person Court of Appeal bench, chaired by Nor Bee Ariffin, denied his appeal against an earlier Kuala Lumpur High Court ruling that maintained his ongoing graft case at the Sessions Court.
When contacted this afternoon, Lim’s counsel Haijan Omar confirmed they filed the notice of appeal at the apex court last Friday.
“We filed the notice (of appeal) on Friday last week. When the record of appeal is ready, we will file the petition of appeal,” the lawyer said.
The case is currently undergoing trial before the Kuala Lumpur Sessions Court. Proceedings before the lower court will resume on Monday next week.
Lim is seeking to get the case transferred to the Kuala Lumpur High Court so that in the event there is an appeal, it could reach the Federal Court, where the apex court would be the most suitable avenue to decide on certain legal issues tied to the case.
Under the criminal justice system, a criminal case tried at the Sessions Court can only be appealed up to the Court of Appeal while an appeal for a criminal case heard by the High Court can be appealed to the Federal Court.
The Bagan MP claimed that the High Court is the suitable venue for the graft case as it involves several legal issues, that in the event of an appeal, the matter would be suitable to be heard by the Federal Court.
Among them is the issue of whether an accused needed to disclose his statement of defence to the prosecution before the commencement of a trial, and whether a prosecution witness’ statement can be shared with the defence prior to trial.
The issue of the witness statement is in relation to prosecution witness Zarul Ahmad Mohd Zulkifli, who is a senior executive director of Consortium Zenith Construction Sdn Bhd, the main contractor for the undersea tunnel project.
However, the prosecution team, led by deputy public prosecutor Wan Shaharuddin Wan Ladin, contended that the transfer application is an abuse of the court process.
They contended that even if the High Court disposed of Lim's case and the case is appealed all the way to the Federal Court, the apex court already decided on the issues linked to Lim's case.
Four charges
Lim faces four graft charges before the Kuala Lumpur Sessions Court.
One charge, framed under Section 16(A)(a) and Section 23 of the MACC Act, accuses him of using his position as then Penang chief minister for the gratification of RM3.3 million as inducement for helping a company belonging to Zarul to secure the island state’s RM6.3 billion undersea tunnel project.
The offence was allegedly perpetrated at the Penang Chief Minister's Office, 28th Floor, Komtar, George Town, Penang, between January 2011 and August 2017.
Under Section 23(1) of the MACC Act, the offence is punishable with imprisonment of up to 20 years and a fine not less than five times the value of the gratification or RM10,000, whichever is higher.
The second charge, also under Section 16(A)(a), accused Lim, in his capacity as the then Penang chief minister, to have solicited from Zarul bribes amounting to 10 percent of the profits to be earned by the company as gratification for helping secure the project.
The offence was allegedly committed near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City, Kuala Lumpur, between 12.30am and 2am in March 2011.
The charge, framed under Section 16 of the MACC Act, provides for imprisonment for up to 20 years and a fine of not less than five times the value of the gratification or RM10,000, whichever is higher.
Lim also faces two counts of causing two plots of land, worth RM208.8 million and belonging to the Penang government, to be disposed of to two companies allegedly linked to the undersea tunnel project.
The two charges, framed under Section 403 of the Penal Code, specify imprisonment of up to five years, whipping and a fine.
The offences were allegedly committed at the Penang Land and Mines Office, Level 21, Komtar, between Feb 17, 2015, and March 22, 2017.
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