Guan Eng's graft trial adjourned after key witness complained of heart palpitations

TheEdge Tue, Aug 09, 2022 02:28pm - 1 year View Original


KUALA LUMPUR (Aug 9): Former Penang chief minister Lim Guan Eng’s undersea tunnel proceedings on Tuesday (Aug 9) were adjourned, after a key witness complained of high blood pressure and heart palpitations.

During cross-examination by Lim’s defence counsel Gobind Singh Deo, Consortium Zenith Construction Sdn Bhd senior executive director Datuk Zarul Ahmad Mohd Zulkifli, the 23rd prosecution witness, informed Sessions Court Judge Azura Alwi of his inability to continue given his poor health condition.

Zarul told the court that he consulted a doctor a day ago, and was advised to see a “specialist” after being diagnosed with high blood pressure as well as heart palpitations.

Gobind did not object to Zarul’s call for the proceedings to end early, but requested that the witness answer two more questions.

However, after Zarul insisted that he was unable to continue, the judge adjourned the proceedings until Wednesday.

The prosecution was represented by deputy public prosecutors (DPPs) Datuk Wan Shaharuddin Wan Ladin and Ahmad Akram Gharib.

Lim, who is the DAP chairman, is accused of using his position as the then Penang chief minister to solicit a 10% cut in the project’s profit from Zarul, in return for Lim's help in securing the project for Zarul’s company.

Lim is accused of accepting RM3.3 million in bribes from Zarul.

The former Penang chief minister also faces two counts of dishonest misappropriation of property in releasing two plots of state-owned land to Ewein Zenith Sdn Bhd and Zenith Urban Development Sdn Bhd, two companies linked to the undersea tunnel project.

‘I just want my money back’

Earlier in the proceedings, Gobind questioned Zarul over a letter the witness' lawyer sent to businessman G Gnanaraja to recover RM19 million.

Previously, Zarul testified that he gave the RM19 million to Gnanaraja in 2017, in the belief that the money would be passed to then prime minister Datuk Seri Najib Razak.

The witness said the money was meant to serve as a bribe for the ex-premier to close a Malaysian Anti-Corruption Commission (MACC) probe into the undersea tunnel project, and in turn protect Lim.

According to Gobind, Zarul’s lawyer, under the businessman’s instruction to recover the RM19 million, sent the letter to Gnanaraja, stressing that the money was being held by Gnanaraja on trust.

In response, Zarul told the court that he did not remember the contents of the aforesaid letter, nor the specific instruction he gave his lawyer. He repeatedly reiterated that he only wanted his money back.

Gobind: You’re being very evasive, Datuk Zarul

Zarul: I am not trying to be evasive, but you are asking me to remember word for word…I can’t remember.

Gobind: [If] it's not word for word, what was the purpose? The purpose was only one line.

Zarul: The purpose? I want my money back.

Gobind: No, no, no, no. What was the purpose of giving the money to begin with? It was because of what? That is the question.

DPP Akram: He (Zarul) has said many times that he does not remember, Yang Arif.

Gobind: This prosecution is so frightened of my question, Yang Arif, it's unbelievable. Please answer my question, [Zarul,] what was the purpose? Was it an accident, a breach of contract?

Zarul: Yang Arif, I’ve answered. I want back my money.

Gobind: You’re not prepared to answer my question, Datuk Zarul. You’re not prepared to tell us what the purpose was.

Zarul: You have to ask my lawyer. I told my lawyer I want my money. How he wrote it was up to him.

Alleged suppression of evidence

In relation to the defence’s application for Zarul’s WhatsApp messages with Gnanaraja, DPP Wan Shaharuddin informed the court that the printed-out copy of the messages had been shredded, and therefore could not be provided to the defence.

Wan Shaharuddin explained that the printed-out copy was shredded after a separate trial which used it as evidence was concluded, which he pointed out was the standard procedure.

Gobind opined that even if it is true that the printed-out copy of the messages is no longer available, the messages should still be available on the phone Zarul surrendered to the MACC.

However, Wan Shaharuddin reminded the court that the phone is no longer working, which he pointed out had also been verified by defence counsel Haijan Omar.

In reply, Gobind argued that there was an attempt at suppression of evidence, adding that the messages are critical to understanding the events leading up to Zarul’s RM19 million payment to Gnanaraja.

Subsequently, Gobind requested for the prosecution to provide the defence with Zarul’s statement to the MACC in 2018 in lieu of the primary evidence — the printed copy of the WhatsApp messages — since it was purportedly destroyed.  

DPP Akram said that the prosecution did not provide a copy of the messages as the prosecution had chosen not to use the documents in its case. Moreover, Zarul and Gnanaraja are to be called as prosecution witnesses.

“I don’t see the relevance of the application, given that both witnesses (Zarul and Gnanaraja) are to be called to the witness stand, and are prepared to be questioned.

“So, whatever they (the defence) want to establish from the alleged WhatsApp conversation between these two people can be established through cross-examination of the witnesses. I ask for this baseless application to be dismissed,” he said.

With the agreement of both parties, the judge ordered that the phone be brought to the court to verify its alleged inability to be turned on before the parties.

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