Penang tunnel: Firm paid RM74m for land, prosecution contends

Ewein Berhad was contended to have paid RM74.8 million for two plots of land linked to the Penang undersea tunnel project over a period between 2012 and 2015.

Deputy public prosecutor (DPP) Ahmad Akram Gharib raised the contention during today’s criminal trial of the corruption case against former Penang chief minister Lim Guan Eng (above) linked to the RM6.3 billion infrastructure project.

During the examination-in-chief of Penang’s retired Land and Mines director Akmar Omar, the prosecutor asked a series of questions to the 35th prosecution witness about the alleged payments by Ewein, which was involved in the project.

Akram’s line of questioning was on whether Akmar was aware of the transactions, to which the witness said he does not know.

The DPP then laid out the first alleged payment as on Nov 18, 2013 for RM12.5 million, with the final payments of RM48.2 million and RM5 million made on March 30, 2015, with the total payments from these series of payments amounting to RM74.8 million.

Akram: At that point of time, the land was owned by who?

Akmar: The state government.

When Akram asked Akmar whether any other company had received such special treatment, to which the witness answered: “before this case, none.”

On Oct 5, 2021, it was reported that Ewein founder and executive chairperson Ewe Swee Keng was found dead outside his apartment.

Then on Dec 16 of that same year, the Kuala Lumpur Sessions Court hearing Lim’s corruption case allowed statements that the MACC recorded from Ewe before his death to be admitted as evidence in the case.

However, later today during cross-examination by lead defence counsel Gobind Singh Deo, Akmar agreed that it was not a special treatment as the state government gave focus on the project due to it being a major infrastructural undertaking.

The prosecution witness agreed that the project needed special attention and special permission where applicable due to it being a massive undertaking.

Gobind: This project is such that there is no other such (similar) project in Penang?

Akmar: Correct.

Gobind: As this is a major project that needed special attention, definitely the state government would give focus on this project?

Akmar: Correct.

Gobind: This is not special treatment but merely to ensure smooth implementation of the project?

Akmar: Yes, correct. It was for development by the government.

Trial before judge Azura Alwi of the Kuala Lumpur Sessions Court is set to resume on Thursday this week.

Four graft charges

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

One charge is framed under Section 16(A)(a) and Section 23 of the MACC Act.

It 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 Ahmad Mohd Zulkifli to secure the island state’s RM6.3 billion undersea tunnel project.

Zarul was a senior executive director with Consortium Zenith Construction Sdn Bhd, which was involved in the 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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