Guan Eng's lawyer, prosecutor clash over bid to recuse DPP

Lim Guan Eng’s lead defence team and the prosecution have engaged in a war of words during the former Penang chief minister’s corruption trial linked to the RM6.3 billion island state undersea tunnel project.

The argument was triggered over the defence team’s bid to recuse deputy public prosecutor Nik Haslinie Hashim from being part of the prosecution team in the graft case against the former finance minister.

During proceedings before the Kuala Lumpur Sessions Court, lead defence counsel Gobind Singh Deo sought for Nik Haslinie to be removed from the prosecution team over an alleged suppression of evidence.

The lawyer pointed out that Nik Haslinie was part of the prosecution team in a separate criminal case at the Shah Alam Sessions Court, which involved several of the same witnesses.

Gobind claimed that the prosecution witnesses - including Consortium Zenith Construction Sdn Bhd (CZCSB) senior executive director Zarul Ahmad Mohd Zulkifli - had lied in their testimony against Lim as these witnesses allegedly had differing testimony at the Shah Alam court proceedings.

Gobind (above, left) was referring to the Shah Alam Sessions Court case against businessperson G Gnanaraja, who is also now part of the prosecution witnesses against Lim for the present Penang undersea tunnel corruption trial.

The Shah Alam court case against Gnanaraja was initially over a charge of cheating against Zarul. However, Gnanaraja later pleaded guilty to a charge under the Companies Act 2016 and was sentenced to a fine of RM230,000.

The defence team’s contention is that key prosecution witnesses lied over a RM2 million payment being for Lim, which the former claimed the witnesses said was for somebody else during the Shah Alam court trial.

Gobind informed the Kuala Lumpur Sessions Court this morning that the defence team seeks to call Nik Haslinie as a witness for the defence to strengthen their arguments that there has been suppression of evidence in the present case.

“Can Nik Haslinie appear for the prosecution (team) when she is a material witness for the defence?” Gobind contended, further claiming that the prosecution was aware that the witnesses lied.

Prosecution: Premature claims

Lead deputy public prosecutor Wan Shaharuddin Wan Ladin raised an objection against the recusal bid, taking the defence team to task for making allegations “from the bar” without evidence.

He countered that it is premature at this stage of trial for the defence to raise the allegation that prosecution witnesses such as Zarul had lied because they were still in the midst of giving their oral evidence in the Penang undersea tunnel corruption case.

“It is also premature to raise the claim about Nik Haslinie. What my learned friend said made it sound as though Nik Haslinie lied in court. I feel there is no basis to say she lied in court except if this comes from the witnesses.

“If they wish to call Nik Haslinie (as a defence witness during the defence stage of trial if Lim is ordered to enter his defence), I have no objection as long as there is a subpoena.

“But at this stage (of the still ongoing prosecution stage of trial), there is no reason to recuse Nik Haslinie (from being part of the prosecution team),” Wan Shaharuddin said.

Coming in defence of his colleague Nik Haslinie, deputy public prosecutor Ahmad Akram Gharib also contended that it is not fair for the defence team to allege evidence suppression on the prosecutor’s part as the witnesses are still in the midst of giving oral evidence.

Akram pointed out that the defence team can choose to cross-examine the witnesses about the allegations, further noting that the prosecution has not even closed its case against Lim.

Kuala Lumpur Sessions Court judge Azura Alwi said that she would not make any order at this stage as there is no formal written application from the defence team for Nik Haslinie’s recusal.

Four graft charges

Before the criminal court in Kuala Lumpur, Lim is facing four graft charges.

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, of having 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 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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