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Court retains graft, money laundering charges against Guan Eng, wife
The Penang High Court denied an application by the state’s former chief minister Lim Guan Eng and his wife Betty Chew to nullify the corruption and money laundering case against them.
Judge Rofiah Mohamad this morning dismissed the duo’s striking-out application.
The Penang High Court denied an application by the state’s former chief minister Lim Guan Eng and his wife Betty Chew to nullify the corruption and money laundering case against them.
Judge Rofiah Mohamad this morning dismissed the duo’s striking-out application.
The criminal court today also denied a similar application by businessperson Phang Li Koon.
Phang’s counsel V Sithambaram confirmed the outcome.
Lim, when contacted by Malaysiakini, said he and his wife would file an appeal to the Court of Appeal to nullify the charges.
In her ruling today, Rofiah said contrary to arguments by Lim and the other two applicants, the present charges differ from the ones in the past.
The judicial commissioner said the case must proceed because it involves a different offence and individuals.
She fixed July 26 for case management.
Double jeopardy
On June 23 last year, Lim and Chew filed the bid, contending that the present charges against them are the same ones levelled against Lim in 2016, of which he was acquitted in 2018.
This was over the alleged conversion of state land status and purchase of a bungalow below market value.
In a copy of the affidavit supporting the striking-out bid, the husband and wife claimed that the present charges violated their fundamental right against being charged for the same offence which has seen the criminal court grant an acquittal.
Lim and Chew are relying on the legal principle of double jeopardy, namely that an accused person cannot be tried again on the same or similar charges, following an acquittal or conviction.
“My wife and I had already been investigated over the matters related to the second proceeding (the current criminal case against them) in 2016 as revealed by the facts and explanation above (in the cause papers).
“The charges for the second proceedings whereby the series of offences and (its) nature are the same as the ones charged in the first proceedings (the criminal case against Lim in 2016 for which he was acquitted in 2018),” the duo claimed.
Lim and Chew contended that the present charges violate the principle of double jeopardy.
The charges
On May 26 last year, the legal teams of Lim, Chew, and Phang informed the criminal court that they sought to nullify the charges against them.
Phang, charged with Lim in 2016, was also acquitted in 2018. In 2020, she was hauled again to the criminal court alongside Lim and Chew.
Initially charged at the Butterworth Sessions Court in 2020, the trio’s case has since been transferred to the George Town High Court.
On Aug 11, 2020, Lim was charged - in his capacity as then chief minister and the Penang Development Corporation Procurement Board’s chairperson - with using his position for gratification involving RM372,009 for his wife through Excel Property Management & Consultancy Sdn Bhd.
The charge claimed this was to ensure Magnificent Emblem Sdn Bhd was offered an invitation to propose a workers’ village - at Lot 631, Mukim 13, Juru, Seberang Perai Tengah, and part of Lot 282, Mukim 13, Batu Kawan, Seberang Perai Selatan, Penang - which is worth RM11,610,000.
The Bagan MP was accused of committing the offence between Aug 19, 2013, and March 3, 2016, at the Penang Chief Minister’s Office, Level 28, Komtar, George Town.
The charge under Section 23(1) of the MACC Act 2009 carries a maximum imprisonment of up to 20 years, and a fine of not less than five times the sum or value of the gratification, or RM10,000, whichever is higher.
Phang was charged with abetting Lim in committing the offence at the same place and date.
Chew was charged with three counts of money laundering by allegedly receiving RM372,009 from a company through her bank account.
Chew was alleged to have received RM87,009, RM180,000 and RM105,000, respectively, contended to be proceeds from unlawful activities from Excel Property Management & Consultancy, which were purportedly deposited into her Public Bank Berhad account.
She was alleged to have committed the offences between Oct 7, 2013, and Aug 4, 2014, for the first charge, between Sept 3, 2014, and Aug 11, 2015, for the second charge, and from Sept 4, 2015, to March 3, 2016, for the third charge.
The three counts were allegedly committed at Public Bank Berhad, Taman Melaka Raya branch in Malacca.
The charges under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2002 provide a maximum fine of RM5 million, jail not exceeding five years, or both.
Lim, 63, Chew, 59, and Phang, 51, have claimed trial to all the charges.
Before the Sessions Court in Kuala Lumpur, Lim has an ongoing graft trial linked to Penang’s RM6.3 billion undersea tunnel project.
Defence counsel RSN Rayer is representing Lim and Chew.
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