The Sessions Court allowed the prosecution’s application to amend the first charge against former Penang Chief Minister Lim Guan Eng in the RM6.3 billion undersea tunnel corruption case.
KUALA LUMPUR: The Sessions Court today allowed the prosecution’s application to amend the first charge against former Penang Chief Minister Lim Guan Eng in relation to the RM6.3 billion main roads and undersea tunnel corruption case.
Judge Azura Alwi said the amendment was necessary to ensure the charge complied with the provisions of Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act 2009.
“Although the amendment was only submitted at the final stage of the prosecution’s case, the court is of the view that it would not prejudice or cause any injustice to the accused,” she said.
She also said the parties have the right under Section 162 of the Criminal Procedure Code to recall any relevant witnesses following the amendment to the charge.
“Therefore, the court allows the prosecution’s application to amend the charge in accordance with Section 158 of the Criminal Procedure Code,” she said.
On April 20, deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin informed the court that the amendment involved dropping the word “received” from the charge.
Lim’s lawyer, Ramkarpal Singh, objected to the application and stressed that the element of receipt is essential to the charge and that its removal would prejudice the defence.
Under the first charge, Lim, 65, is accused of abusing his position as Penang chief minister to receive RM3.3 million in return for helping a company owned by businessman Datuk Zarul Ahmad Mohd Zulkifli secure the Penang Major Roads and Tunnel Construction Project, valued at approximately RM6.34 billion.
The alleged offence took place at the Penang Chief Minister’s Office between January 2011 and August 2017.
The second charge states that the Bagan MP solicited a 10% cut out of the project’s future profits from Zarul Ahmad for assisting his company in securing the same project.
The alleged offence occurred near The Gardens Hotel here between 12.30 am and 2 am in March 2011.
Additionally, Lim faces two charges of disposing of a couple of state-owned lots of land in Penang, valued at RM208.8 million, to a developer linked to the undersea tunnel project.
These offences were allegedly committed at the Penang Land and Mines Office, Komtar, on Feb 17, 2015, and March 22, 2017.
