KUALA LUMPUR: The Sessions Court here today dismissed an application by former Penang Chief Minister Lim Guan Eng to initiate contempt of court proceedings against Wan Ahmad Fayhsal Wan Ahmad Kamal over the latter’s response on social media regarding the ongoing Penang undersea tunnel trial.
Judge Azura Alwi said the court did not intend to initiate contempt of court proceedings against the Machang Member of Parliament, although it agreed that no parties should comment on an ongoing case.
“I do not intend to start any contempt of court proceedings because if I do entertain (the application), there are many contempt of court proceedings that the court has to do,” she said.
Earlier, lawyer RSN Rayer, representing Lim, said Wan Ahmad Fayhsal had made a statement about the ongoing Penang undersea tunnel trial on his Instagram and X application.
“He was not in court and did not listen to the court proceedings. He issued the statement based on what was reported. Therefore, I request that contempt of court proceedings be initiated against Wan Ahmad Fayhsal,“ said the lawyer.
Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin said no party should comment on the trial of the case.
Azura also dismissed an application by the prosecution to summon Malaysian Anti-Corruption Commission (MACC) investigating officer Ng Weng Jun, who investigated the case related to the undersea tunnel project involving businessman G. Gnanaraja, to testify in the proceedings to challenge the credibility of Consortium Zenith Construction Sdn Bhd (CZCSB) director Datuk Zarul Ahmad Mohd Zulkifli as a witness.
Last Oct 2, Zarul Ahma, 65, told the court that Lim would award him the project through direct negotiations if he could arrange a signing ceremony for a memorandum of understanding (MoU) between the state government and a company from China.
“The court has examined and weighed all the written and oral arguments. The court is satisfied and decides that the prosecution’s application to summon the investigating officer is dismissed.
“The court found that at this stage, Section 425 of the Criminal Procedure Code should not be used by the prosecution to call the witness,“ said Azura who then set Oct 23 to continue the proceedings challenging the credibility of the witness.
According to the first amended charge, Lim, 63, is alleged of using his position as chief minister of Penang at the time to receive bribes amounting to RM3.3 million, by helping a company owned by Zarul Ahmad to be appointed to implement a highway and undersea tunnel project in Penang worth RM6,341,383,702.
Lim is alleged to have committed the act between January 2011 and August 2017 at the Penang Chief Minister’s Office.
On the second amended charge, Lim is alleged to have sought a bribe of 10 per cent of the profits from Zarul Ahmad as an inducement to help the businessman’s company be appointed for the same project.
Lim allegedly committed the offence near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City between 12.30 am and 2 am in March 2011.
He is also facing two charges of causing two lots of land owned by the Penang government worth RM208.8 million to be disposed of to companies allegedly linked to the undersea tunnel project in the state.
The offence was allegedly committed at the Penang State Land and Mines Office, Komtar on February 17, 2015, and March 22, 2017.
