Dpp Needn T Recuse Herself In Lim S Undersea Tunnel Graft Case Court Rules

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Lim Guan Eng is on trial for alleged corruption involving RM3.3 million in kickbacks and dishonest misappropriation of RM208.7 million worth of state land. (Bernama pic)KUALA LUMPUR: The sessions court here has said that a deputy public prosecutor (DPP) need not recuse herself from acting in Lim Guan Eng’s undersea tunnel corruption trial.
Judge Azura Alwi issued the ruling at the start of Lim’s trial today, after counsel Gobind Singh Deo informed the court the defence intends to summon Nik Haslini Hashim as a witness.
Gobind said the defence wants to cross-examine the DPP on who issued instructions to “suppress” evidence in another court proceeding involving businessman G Gnanaraja, a potential witness in Lim’s case.
Gnanaraja was charged in the Shah Alam sessions court in 2019 with cheating businessman Zarul Ahmad Mohd Zulkifli of RM19 million. He later pleaded guilty to an alternative charge under the Companies Act.
Zarul is a key witness in Lim’s corruption, while Gnanaraja is expected to testify later.
In April, Lim secured his bid to obtain a forensic report on WhatsApp conversations between Zarul and Gnanaraja. His lawyers had previously argued that the messages between the two businessmen will show he did not receive an alleged sum of RM2 million.
“She (Haslini) should recuse herself here,” Gobind said, adding that the DPP had “kept quiet” over the conflicting evidence in Gnanaraja’s and Lim’s cases.
However, deputy public prosecutor Ahmad Akram Gharib objected against the defence’s bid to recuse Haslini, citing that the application – made orally – is premature.
He said the prosecution has yet to call all their witnesses to testify.
“This is a statement from the Bar. We did not receive any application from the defence (to summon Haslini as witness).
“For the defence to keep saying that we (prosecution) ‘suppressed’ evidence from them is unfair and puts us in an unnecessary situation where we have to answer to our superiors,” Akram said.
Azura then said she wanted to proceed with hearing the witnesses.
“Until there is a formal notice of application filed, I don’t have the right to recuse her (Haslini).
“If you (Gobind) want to file an application (to recuse and call Haslini to testify), I will give the direction on the filing of affidavits,” she said.
Lim is accused of using his position as then Penang chief minister to ask Zarul for a 10% cut of the profits from the roads-and-tunnel project.
He is also accused of seeking RM3.3 million in kickbacks to appoint Zarul’s company to undertake the project.
He also faces two other counts of dishonestly misappropriating RM208.7 million worth of state land given to two companies. - FMT

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