PROSECUTORS in the corruption trial of Lim Guan Eng have applied to amend a central charge linked to the RM6.3 billion Penang undersea tunnel and roads project, triggering a dispute with the defence over the timing and implications of the change.
Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin informed Sessions Court judge Azura Alwi at the outset of proceedings that the prosecution intends to revise the first charge against the former Penang chief minister.
The amendment involves removing the word “received” from the allegation, while retaining the sum of RM3.3 million stated in the charge.
Wan Shaharuddin argued that the revision would not prejudice the defence, noting that their position has consistently been that the accused never accepted the sum in question.
“Amendments made are in compliance with legal requirements and do not prejudice the defence.
“The law under Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 does not specify whether one receives or requests a gratification, but rather that it concerns a gratification,” he said.
Under the amended charge, Lim is accused, in his capacity as (former Penang) chief minister, of using his position to obtain RM3.3 million by assisting a company owned by businessman Datuk Zarul Ahmad Mohd Zulkifli, linked to Consortium Zenith Construction Sdn Bhd, in securing the major infrastructure project between January 2011 and August 2017 at the Penang Chief Minister’s Office.
Defence counsel Ramkarpal Singh objected strongly, arguing that the removal of the word “received” undermines the foundation of the defence’s case, which has been centred on disputing that element.
“When the prosecution removes that word, the entire defence that has been conducted so far becomes questionable, whether it remains relevant or not?
“We have raised several doubts regarding the element of receipt, and those doubts are relevant to the court’s consideration in terms of credibility and other aspects.
“If the word is removed without explanation, especially at such a late stage, namely six years later, it will prejudice the defence because our case will be affected.
“Therefore, we require time to prepare submissions to argue that the amendment causes prejudice to us,” he said.
Judge Azura fixed the following day for both sides to present submissions on whether the amendment should be allowed.
Lim, who is also the Member of Parliament for Bagan, faces additional charges, including allegedly soliciting a 10 per cent share of profits from Zarul Ahmad as inducement for awarding the same project.
The alleged offence is said to have taken place near The Gardens Hotel in Mid Valley City between 12.30am and 2am in March 2011.
He is further charged with two counts of causing the disposal of two parcels of Penang state land, valued at RM208.8 million, to a developer connected to the undersea tunnel project.
The alleged offences were said to have occurred at the Penang Land and Mines Office in Komtar on February 17, 2015, and March 22, 2017. - April 20, 2026
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