GEORGE TOWN: The High Court here today fixed July 30 for mention of the corruption trial of former Chief Minister Lim Guan Eng and businesswoman Phang Li Koon.
This comes after the defence counsel for Lim and Phang, Ram Karpal Singh and Datuk V. Sithambaram, respectively, said they would each make a fresh representation to the new Attorney-General (AG) who will be appointed in July.
Ram Karpal told the half-packed court that his client could not attend the case management this morning as he was in Kuala Lumpur for the swearing in as the new Finance Minister.
He also said he would make a fresh representation to the AG.
The status of the AG-on-leave Tan Sri Mohamed Apandi Ali, however, is still in the grey.
“His contract ends in July, so we are considering making representations to the new Attorney General.
“With that, I would request for a new date for mention after July,” Ram Karpal told the court.
Sithambaram said they had obtained further evidence related to the case and it had been served to the AG’s office.
He said the new government had mentioned that any politically-motivated charges would be reviewed, hence he was instructed by his client to make a new representation to the Attorney General based on the fresh evidence.
“The new Attorney General will have to study the documents we have served on him,” he said.
Meanwhile, the prosecution team, led by Deputy Public Prosecutor Datuk Masri Mohd Daud, told the court that they were ready to proceed with the hearing and had no comments on the expected representations to be made until the new AG was appointed.
Judge Datuk Hadhariah Syed Ismail fixed the new date for mention to settle the representation process by the defence.
She said the court could not stop the defence counsel from making their representations.
She, however, said the defence team would need to inform and update the court on the status of the case if the representation procedure was completed before the July 30 mention date.
Speaking outside the courtroom, Ram Karpal said the representations were necessary in light of the change in the federal government, and the representations will propose for the charges to be dropped.
“It has always been our stand that this is a politically-motivated charge, hence we hope the new AG will consider it,” he said.
Ram Karpal said the application for the representations would be made within a week, and with the absence of the AG, the Solicitor General may review the application.
“If the representations are accepted, then we will report back to the court, otherwise we will proceed with the case,” he said.
He also confirmed that the previous lead counsel representing Lim, Gobind Singh Deo, was no longer involved with the case and he had replaced him.
Sithambaram did not reveal much about the fresh evidence submitted to the AG.
He hinted that it was related to the valuation of the Jalan Pinhorn bungalow.
“My client is only charged with aiding, abetment. If there is no case against the principle, then the charge has to collapse,” he said, adding that they will pursue with the representation in order to drop the case.
The long-awaited trial began on March 26 this year, and was subsequently postponed pending the 14th General Election.
On June 30, 2016, Lim was charged with using his position as a public officer, namely, 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 was accused of 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.