The former senior vice-president of Consortium Zenith BUCG Sdn Bhd (CZBSB) testified that invoices and payment vouchers were falsified to withdraw company money as bribes to Lim Guan Eng.

Azli Adam today told the Kuala Lumpur Sessions Court that dummy cheques were used by the company’s senior executive director Zarul Ahmad Mohd Zulkifli to take out the money and give them to the former Penang chief minister.

The 24th prosecution witness claimed that Zarul directed him to get the service of an unnamed third party to get a false letterhead and format of two inactive companies - Sinar Bina Consultancy Services (SBCS) and Bintang Ria Engineering (BRE).

He testified that these falsifications, done between 2012 and 2017, were then used to obtain the dummy cheques that allowed Zarul to take out money from CZBSB as bribe payments to the former finance minister.

Azli claimed that between RM10,000 and RM15,000 were paid to the unnamed middle person to obtain the dummy invoices.

The witness claimed that dummy invoices were also derived from two other companies, namely JKM Consortium Sdn Bhd and Jurutera Konsult Maju Sdn Bhd.

“I confirm that I was informed by Zarul (following Zarul’s arrest by MACC in 2018) regarding the payment of bribes to Lim Guan Eng, part of it originating from money cashed out using invoices and PV of SBCS and BRE based on the modus operandi of document falsification,” Azli claimed.

Previously, Zarul testified that Lim smiled when receiving an RM100,000 bribe in 2013.

The Bagan Datuk MP is on trial over four graft charges linked to the RM6.3 billion Penang Undersea Tunnel project.

During examination-in-chief by Mukhzany Fariz Mohd Mokhtar, Azli claimed that Zarul’s confession was made to the witness as well as one Ibrahim Sahari, who was also from the company.

“His (Zarul) confession to me became a turning point that convinced me that the payments were indeed made between 2012 and 2017. Zarul instructed Ibrahim Sahari and me to use the dummy documents (invoices and PV) to manipulate company accounts and cover up the monetary trail made to him (Zarul).

“I confirm that the payment on the invoice to SBCS and BRE were falsified payments, and the details, namely Penang Tunnel and Road Project, are not valid and not implemented,” Azli claimed.

Didn’t witness the bribe payments

Meanwhile, during cross-examination by defence counsel Gobind Singh Deo, Azli conceded that he only heard from Zarul regarding whether the bribe payments were made to Lim.

The witness also conceded that he did not witness these alleged corrupt payments.

Gobind: You know that making (falsified) company accounts (documents) is an offence under the law?

Azli: Yes.

Gobind: Even though you knew, you still followed Zarul’s orders?

Azli: Yes.

Gobind: Even though it opens you up to possible criminal charges?

Azli: Yes.

Gobind: I put it to you that you are not a person who can be believed.

Azli: I disagree.

Proceedings before judge Azura Alwi will resume tomorrow, with Ibrahim expected to take the witness stand.

One of the four charges charge, framed under Section 16(A)(a) and Section 23 of the MACC Act, accused Lim 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 at Komtar in 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 of 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 Penang chief minister then, of soliciting from Zarul bribes amounting to 10 percent of the profits to be earned by the company as gratification for helping the company secure the project.

Zarul Ahmad Mohd Zulkifli

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.

The Air Putih assemblyperson 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, carry 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.