GEORGE TOWN: The High Court here has fixed Sept 3 for the Attorney-General’s Chambers to decide on whether to proceed or drop the corruption case against former Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon.
Judge Datuk Hadhariah Syed Ismail fixed the new date following a request made by the Deputy Public Prosecutor.
The defence counsels for both Lim and Phang, Ramkarpal Singh and Datuk V. Sithambaram, had each made a representation to the new Attorney-General (AG) for the case to be dropped on July 6.
“There must be a full stop. The final date is Sept 3.
“By then, the AG must give an answer to the representation,” she said during proceedings today.
Earlier, Ramkarpal told the court that the prosecution needed more time to decide on the representation made.
“We have filed the representation to the AG on July 6, and it has been received by my learned friend.
“They needed another month to do so (to decide on the representation).
“As such, I urge the court to fix Sept 3 to hear the matter,” he added.
Deputy Public Prosecutor Abdul Rashid Daud confirmed receiving the representation.
“We need one more month to decide on the matter.”
Meanwhile, Sithambaram said he has no objection to the request.
Hadhariah then fixed Sept 3 for case management and stressed that “there must be a decision on the representation by then.”
Speaking outside the court, Ramkarpal said the defence hopes to get the reply from the AG by then.
Asked on the delay, Ramkarpal said it had to do with the AG’s “internal procedure”.
“We have submitted quite a comprehensive representation and the AG needed to look through,” he added.
To another question if it was true the case would be dropped, Ramkarpal said it was not true.
“We have asked the AG to consider withdrawing the charges.
“As far as we know, there is no indication given (to drop the case),” he noted.
Sithambaram said they had provided the necessary documentations, valuation report and expert reports for the AG’s consideration.
Lim, who is currently the Finance Minister, was not present for today’s proceeding while Phang was seen in court.
The long-awaited trial began on March 26 this year, and was subsequently postponed pending the 14th General Election.
On June 30, 2016, Lim claimed trial to using his position as a public officer, namely, the then Chief Minister of Penang, to gain gratification for himself and his wife, Betty Chew Gek Cheng.
He was accused of doing so by approving the application for conversion of agriculture land to a public housing zone in the southwest district to a company, Magnificient Emblem Sdn Bhd.
He was charged with committing the offence while chairing the State Planning Committee meeting at the operations room, Level 28, Komtar building here, on July 18, 2014.
The charge under Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 provides an imprisonment for up to 20 years and a fine of up to five times the sum or value of the bribe, or RM10,000, whichever is higher.
In the second charge, Lim also claimed trial to using his position to obtain for himself a plot of land and a house, located at No 25, Jalan Pinhorn, George Town, from Phang for RM2.8 million, a price which he allegedly knew did not commensurate with the property’s then market value of RM4.27 million.
The offence was allegedly committed at No 25 Jalan Pinhorn, George Town here on Oct 21, 2015.
The charge was under Section 165 of the Penal Code, which provides an imprisonment for up to two years, or a fine, or both.
Phang was charged with abetting Lim in obtaining the bungalow at an undervalued cost at the same place and date.
She was charged under Section 109 of the Penal Code, read together with Section 165 of the same law, which provides an imprisonment for up to two years, or a fine, or both, upon conviction.