KUALA LUMPUR (Oct 19): The defence in former Penang chief minister Lim Guan Eng’s undersea tunnel case informed the Sessions Court here on Wednesday (Oct 19) that they intend to file contempt proceedings against the prosecution for apparently trying to withhold a forensic report, and images of businessman Datuk Seri G Gnanaraja’s communication with a key witness.
Lim's lead counsel Gobind Singh Deo indicated this to Sessions Court judge Azura Alwi that he would file the application within three weeks.
This follows Malaysian Anti-Corruption Commission (MACC) officer Wan Mohd Firdaus Wan Yusof informing Gobind during cross-examination on Wednesday that he was unable to provide the documents, which were also used in Gnanaraja’s cheating and money laundering case in the Shah Alam Sessions Court.
Wan Mohd Firdaus disclosed that from Sept 29, he had asked for the documents from deputy public prosecutors (DPPs) Datuk Wan Shaharuddin Wan Ladin and Nik Haslinie Hashim, but the information cannot be obtained and was incomplete.
This led to Gobind telling Azura that it seemed the prosecution was trying to withhold the documents, as Lim’s defence knew what transpired in the Gnanaraja case.
He added that under Section 51 of the Criminal Procedure Code, the prosecution is supposed to hand over whatever documents in relation to the trial, including what is favourable to the defence.
"We have a court order from Sept 29 for the MACC officer to provide all necessary documents with regard to Consortium Zenith Construction Sdn Bhd director Datuk Zarul Ahmad Mohd Zulkifli’s handphone, including text messages with Gnanaraja, which was used in the Shah Alam case," said Gobind.
“However, it seems that the prosecution itself here is not willing to assist the investigation officer, which has been tasked and ordered by the court [to do so].
“We have the same DPPs handling the Shah Alam case and also here. The defence knows for a fact that Nik Haslinie was the DPP in Gnanaraja’s case in Shah Alam, where some 11 witnesses were called. She is here today. Why is she not assisting?" Gobind asked.
Case against Gnanaraja withdrawn
Following this, Gobind said he wanted to suspend the cross-examination of Wan Mohd Firdaus for the day, until the contempt matter is heard.
Gnanaraja's wife Datuk Geethanjali Gausillia Kathirvalu, who was the first witness in the undersea tunnel trial, had testified that Lim went to their house in the early morning in 2017 to discuss "confidential" matters. It is understood that Gnanaraja is also a prosecution witness in the trial.
“They (the prosecution) have been suppressing evidence from the first day. They know that Gnanaraja's case has been withdrawn, and the witnesses in that case are also the witnesses in this trial.
“The defence asks that we stop the proceedings, and if there is a need, the attorney general should come to the court and explain what is going on (regarding the suppression of evidence),” he said.
He alleged that the prosecution knew that the RM2 million which Lim was said to have received was in fact for Gnanaraja and not the DAP politician.
Gobind said the whole country is looking at Lim’s corruption case, and warned the AG and the chambers against hiding any facts in relation to the case.
Gnanaraja was charged in the Shah Alam Sessions Court in 2019 with deceiving a managing director of Consortium Zenith for RM19 million in relation to the Penang undersea tunnel project. He was alleged to have deceived the managing director sometime between July and August 2017.
While most media did not cover Gnanaraja’s proceedings in Shah Alam, it was revealed on Wednesday that the case had been classified as no further action, despite 11 witnesses having already testified there.
A check wih the MACC's website showed that Gnanaraja was fined RM230,000 by the sessions court. However, it is not for deceiving or money laundering offence. He was found guilty under Companies Act 2016, of using a company's property namely Bumi Muhibbah Capital Holdings Sdn Bhd, with a value of RM11.422 million, to obtain direct profit for himself without seeking approval at the company's shareholders' meeting. He was alleged to have committed the offence at the CIMB Bank Bhd, KLCC branch at Petronas Twin Towers here between July 28, 2017 and Jan 18, 2018.
Meanwhile, DPP Mahadi Abdul Jumaat said that Wan Shaharuddin was on medical leave, and further denied that the prosecution was suppressing evidence.
'What happened in Gnanaraja’s case is not relevant to this case'
Mahadi maintained that the prosecution cannot stop the defence from making any application, but said he wants them to lay out what they want in one go, so that the prosecution could deal with them, so as not to disrupt the trial.
He further questioned the relevance of the defence wanting the documents, but Azura said the court had made the order, and it would seem that they are suppressing the evidence.
Mahadi confirmed that the case against Gnanaraja had been withdrawn, and as the case is considered closed, that is why they are unable to provide the documents as they are not with the prosecution.
Nik Haslinie, who was also present, further argued on the relevancy of the defence wanting the documents with regard to the Shah Alam proceedings as the case had been withdrawn.
To this, Gobind said this showed that there are such documents in relation to the matter, and hence he wanted them produced and will file the contempt application. “The defence has already obtained [documents of] the proceedings in the Shah Alam case and is presently transcribing it. The court should give us some time — three weeks to make the application,” he added.
Azura allowed the defence to submit its formal application within three weeks, and fixed Nov 23 to 25 for continued hearing.
Lim, who is the Member of Parliament for Bagan, is accused of using his position as the then Penang chief minister to solicit a 10% cut in the RM6.3 billion undersea tunnel project’s profit from Zarul, in return for aiding the businessman’s company to secure the project. He is accused of accepting RM3.3 million in kickbacks from Zarul.
The DAP chairman also faces two counts of dishonest misappropriation of property in releasing two plots of state-owned land cumulatively worth RM208.75 million to Ewein Zenith Sdn Bhd and Zenith Urban Development Sdn Bhd — two property companies linked to the controversial undersea tunnel project.