KUALA LUMPUR: The Sessions Court fixed Jan 9, next year, to decide on Lim Guan Eng's application to challenge the credibility of a key prosecution witness in his Penang undersea tunnel project.
Judge Azura Alwi fixed the date to allow her to examine the contents of Consortium Zenith Construction Sdn Bhd (CZCSB) director Datuk Zarul Ahmad Mohd Zulkifli's statements to the Malaysian Anti-Corruption Commission (MACC).
Zarul is the owner of a company awarded the RM6.34 billion Penang undersea tunnel project.
"I will examine this 108-page statement first and decide whether it can be used to challenge the credibility of the witness," she said.
Earlier, the prosecution led by Datuk Wan Shaharuddin Wan Ladin handed over the statement to the defence team as ordered by the court recently.
On Nov 2, the court allowed the defence's application to begin impeachment proceedings against Zarul.
The defence team led by lawyer Gobind Singh Deo contended that Zarul has made contradicting statements when testifying as a key witness in Lim's trial.
On Oct 23, Zarul testified that he gave RM2 million each to Lim and Datuk Seri Najib Razak as a kickback through a middleman G. Ganaraja seven years ago.
The 63-year-old businessman earlier testified that he was willing to protect Lim to the extent of bribing Najib who was the prime minister at that time, to stop a probe on the controversial Penang undersea tunnel project.
However, Gobind argued that Zarul lied about his intention to protect the Bagan member of parliament as the payment was made for his own benefit.
Gobind also contended that Zarul was prepared to lie to protect himself from being prosecuted, including giving an untrue press statement in 2018 where he said there were no elements of corruption in the project as it was all done above board.
Lim is facing four charges of using his position as the then chief minister to solicit gratification to help Zarul's company to secure the tunnel project.
He is alleged to have sought a 10 per cent of the profit to be made by the company from Zarul.
He is also accused of receiving RM3.3 million for himself and causing two plots of land belonging to the state government to be disposed to two companies linked to the tunnel project.