Penang tunnel trial: Witness says changing tune after MACC probe
Zarul Ahmad Mohd Zulkifli today testified that he is changing his tune due to the MACC investigation against him in relation to the corruption case linked to the RM6.3 billion Penang Undersea Tunnel project.
During the related graft trial against former Penang chief minister Lim Guan Eng, the 23rd prosecution witness was referring to...
A senior executive of Consortium Zenith Construction Sdn Bhd (CZC) said today that his claim in the media in 2018 about being pressured by individuals linked to BN was a lie.
Zarul Ahmad Mohd Zulkifli today testified that he is changing his tune due to the MACC investigation against him in relation to the corruption case linked to the RM6.3 billion Penang Undersea Tunnel project.
During the related graft trial against former Penang chief minister Lim Guan Eng, the 23rd prosecution witness was referring to his interview with select media in July 2018.
On July 2 that year, Malaysiakini reported that Zarul (above) claimed he was pressured to pay RM22 million to stop MACC’s graft probe into the project.
The corporate figure then alleged that the threat was made by certain quarters linked to the previous administration, which was understood to be referring to the BN federal government prior to the 14th general election on May 9, 2018.
During proceedings before the Kuala Lumpur Sessions Court this morning, Zarul claimed he made the 2018 statement to the media as he wanted to protect any dealings with Lim.
While under cross-examination by defence counsel Gobind Singh Deo, the witness claimed that “if there was no MACC investigation, I would not implicate Lim Guan Eng at all”.
The lawyer’s line of questioning centred on the witness referring to online portal Free Malaysia Today’s 2018 write-up from the same interview with select media then.
Gobind: You saying that in the (2018) press conference, you lied?
Zarul: Yes.
Gobind: You lied to the press?
Zarul: Yes
Gobind: You lied to the people of Penang?
Zarul: Yes.
Gobind: You lied to the state government?
Zarul: Yes.
Gobind: You are not only a convict but a person who is prepared to lie?
Zarul: I disagree, I have no opportunity to explain.
The lawyer was referring to the witness’ admission in his testimony about his conviction and one-day jail sentence in relation to a 1994 court case involving the Banking and Financial Institution Act 1989 (Bafia).
Zarul was then general manager of the corporate affairs division of Rakyat Merchant Bankers Bhd.
Meanwhile, during further questioning by Gobind, Zarul rubbished as untrue the alleged statement he gave to MACC that was purportedly carried by Malaysia Today in April 2019.
In Zarul’s written witness statement, he made reference to the Malaysia Today article which claimed the then-attorney general had buried the case.
Proceedings before trial judge Azura Alwi will continue tomorrow.
Claims of bribery
In previous proceedings, Zarul testified he was shocked that Lim in 2011 asked for 10 percent of future profits in the project, and that the accused received a RM100,000 bribe with a smile in 2013.
Tomorrow, the lower court is expected to continue hearing submissions from legal teams over the defence team's bid for the prosecution to hand over the Malaysia Today article as well as Zarul's MACC statement.
The ongoing trial concerns graft charges against Lim.
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 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), states that Lim, in his capacity as the Penang chief minister then, solicited 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.
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 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.
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