THE Sessions Court in Kuala Lumpur has allowed an application by the prosecution to amend the first charge against former Penang Chief Minister Lim Guan Eng in connection with the RM6.3 billion undersea tunnel and major road construction project corruption case.
Judge Azura Alwi granted the application after finding that the amendment was necessary to ensure the charge complies with Section 23 of the Malaysian Anti-Corruption Commission Act 2009.
She ruled that although the amendment was made at the final stage of the prosecution’s case, it would not prejudice or cause any unfairness to Lim.
The court also noted that both parties retain the right under Section 162 of the Criminal Procedure Code to recall relevant witnesses following the amendment to the charge.
“Therefore, the court allowed the prosecution’s application to amend the charge in accordance with Section 158 of the Criminal Procedure Code,” she said.
The amended charge concerns allegations that Lim, then Chief Minister of Penang, used his position to obtain RM3.3 million in connection with the appointment of a company linked to former Consortium Zenith Construction Sdn Bhd director Datuk Zarul Ahmad Mohd Zulkifli for the Penang Major Road and Undersea Tunnel Project valued at RM6.3 billion.
The alleged offences took place between January 2011 and August 2017 at the Chief Minister’s Office in Penang.
During earlier proceedings, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin said the amendment only involved removing the word “receiving”, while the alleged sum of RM3.3 million remained part of the charge.
He argued that the change did not prejudice the defence, as their position remained unchanged in that Lim had never received the RM3.3 million.
“The amendment is in compliance with legal requirements and does not prejudice the defence,” he said.
He further noted that Section 23 of the MACC Act 2009 does not specifically require proof of “receiving” or “requesting” gratification, but rather focuses on actions taken for the purpose of obtaining a bribe or benefit. - May 6, 2026
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