Guan Eng S Defence Team Tears Into Statement On Witness Attack

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Counsels defending former Penang chief minister Lim Guan Eng in the corruption trial involving him wasted no time tearing into lead prosecutor Wan Shaharuddin Wan Ladin’s reported statements over the attack on a key prosecution witness.
Ramkarpal Singh said Wan Shaharuddin’s statements, as reported by Malaysiakini and New Straits Times earlier this month, were presumptuous and seemingly linked their client to the attack.
“Wan Shaharuddin has made a concluding statement (in the report) as if the robbery was related to the case before this court.
“The implication (from this statement) is very serious for our client, (as) it can give an inference that our client was involved in the incident.
“(The statement) may give rise to questions such as whether Lim had committed or engaged in witness tampering, which can affect the integrity and neutrality of the prosecution in this trial,” said Ramkarpal at the beginning of today’s trial before Sessions Court judge Azura Alwi.
He added that the role of a prosecutor is to present sufficient evidence in court to obtain a conviction instead of taking sides.
He emphasised that in this case, the police have issued two consecutive statements where they denied that the robbery case had anything to do with Lim’s (above) ongoing trial.
“It is an isolated incident, totally unconnected with this case.
“How can he (Lim) have a fair trial, if he has a biased DPP (deputy public prosecutor) who has already concluded that an isolated robbery has something to do with this case, when he made such a reckless statement?
“Can we be assured that this prosecution would be conducted fairly, transparently, and with neutrality?” Ramkarpal added.
‘I am not stupid’
The news reports referred to in court today were published on Aug 6, where the lead prosecutor was quoted in NST saying the prosecution considered applying for witness protection following Gnanaraja’s attack, and that he awaited instructions from MACC chief Azam Baki in regards to the witness’ safety, as reported in Malaysiakini.
Deputy public prosecutor Wan Shaharuddin Wan LadinWan Shaharuddin, in reply to the defence team’s complaints about his reported statement, said he was merely answering questions posed by reporters and that the reports were read out of context.
“I am not stupid to say that the robbery is related to Lim. Siapa makan cili terasa pedasnya. I’ve been a DPP for over 30 years.
“Let the police investigate first. When I made the statement, it was 12 noon, and the police press conference was at 5.30pm (the same day).
“The investigation wasn’t even finished (by then) when the police (classified the case) as robbery. But if they really wanted me to be recused, then file the application and we’ll see what happens.”
Application to recuse
The judge then said that it would not be fair for her to make any decision in this matter as there were no formal applications put to the court regarding the news reports.
“You have all read articles that are not officially related to this (ongoing) case, so it’s not fair for me to make any decision, since these reports are not formally put to court.
“If you are serious about the application (to recuse Wan Shaharuddin), then file the application with the evidence, so that I can consider,” said Azura.
After a brief adjournment, Ramkarpal then told the court that they would not file a formal application to recuse Wan Shaharuddin, but wanted the court to note that the defence would not hesitate to file such an application in the future, in the event of such conduct being repeated.
The court then adjourned the trial today after Gnanaraja said he was “not okay” to continue testifying.
The proceeding will resume on Aug 27 and 28.
Lim is on trial over four corruption charges involving the planned construction of Penang’s undersea tunnel and paired roads project connecting the island to the mainland.
He is accused of abusing his power as the then-Penang chief minister for the first charge to obtain RM3.3 million in monetary gratification as an inducement to appoint Consortium Zenith Construction Sdn Bhd to implement the project worth RM6,341,383,702.
On the second charge, Lim was alleged to have asked the company’s former director, Zarul Ahmad Zulkifli, for 10 percent of profits as a reward for helping his company secure the project.
He also faces two counts of dishonestly disposing of two plots of land belonging to the Penang government in Bandar Tanjong Pinang, worth RM208 million, to the tunnel project’s developer. -  Mkini

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