Objections To Witness Statement Premature Court Told In Guan Eng Trial

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The prosecution in Lim Guan Eng’s undersea tunnel corruption trial today told the Sessions Court that the defence’s objections to 23 paragraphs in the investigating officer’s witness statement are premature.
Deputy public prosecutor (DPP) Wan Shaharuddin Wan Ladin submitted that 37 prosecution witnesses have already testified, and the court would not rely solely on the evidence of the 38th witness (SP38), Zulhilmi Ramli, the MACC investigating officer in Lim’s case.
“Nearly all the paragraphs objected to by the defence contain the phrase ‘result of the investigation’, which indicates that SP38 conducted a complex investigation in this case and needs to inform the court of his findings.
“The court is not necessarily bound by this witness’ opinion, because the court must still evaluate all the evidence in its entirety alongside other testimony to reach its legal and factual conclusions,” he said during the trial.
Meanwhile, DPP Mahadi Abdul Jumaat added that the accused is not prejudiced at this stage, as he will still have the opportunity to challenge SP38’s evidence during cross-examination.
“While SP38’s perceptions may not necessarily align with the court’s final findings, this does not constitute grounds to prevent him from providing his professional opinion based on the evidence before him.
“Therefore, we urge the court to dismiss the defence’s objections and permit the prosecution to proceed with further questioning of SP38,” he stated.
Earlier, Lim’s counsel, Ramkarpal Singh, argued that SP38 had presented testimony that was biased against his client.
The lawyer contended that SP38’s characterisation of the undersea tunnel project as a “land scam” and his use of terms such as “non-transparent” and “rushed” in his witness statement represented personal opinions.
The defence, therefore, sought to have all 23 contested paragraphs struck from the court record.
Judge Azura Alwi scheduled Nov 12 to deliver her ruling on this application.
According to the amended first charge, Lim, 64, is accused, in his capacity as the then Penang chief minister, of abusing his position to receive a bribe of RM3.3 million to assist a company owned by Zarul Ahmad in securing the Major Roads and Undersea Tunnel Construction Project in Penang, valued at RM6,341,383,702.
The offence allegedly took place between January 2011 and August 2017 at the Chief Minister’s Office in Penang.
Under the amended second charge, Lim is accused of soliciting a 10 percent bribe out of the project’s future profits from Zarul for assisting his company in securing the same project.
The solicitation allegedly took place near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City, between 12.30am and 2am in March 2011.
Additionally, Lim faces two charges of disposing of a couple of state-owned lots of land in Penang, valued at RM208.8 million, to a developer linked to the undersea tunnel project.
These offences were allegedly committed at the Penang Land and Mines Office, Komtar, on Feb 17, 2015, and March 22, 2017.
- Bernama

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