KUALA LUMPUR – A judge has dismissed former finance minister Lim Guan Eng’s application to transfer his graft case linked to the Penang undersea tunnel project to the Kuala Lumpur High Court.
Speaking to The Vibes, lead counsel and Puchong MP Gobind Singh Deo said he has received instructions to file an appeal at the appellate court against the high court decision.
The trial will proceed at the sessions court here tomorrow.
Gobind said there are concerns with regard to Section 62 of the Malaysian Anti-Corruption Commission Act 2009, which requires a statement of defence before the trial.
To make the said statement, witness statements during the course of the investigations are required.
“Under Section 51 of the Criminal Procedure Code, we can make an application for such statements or documents to the court, and it must be made to the court hearing the case,” said Gobind.
“We want to file the case at the high court as there are differing rulings regarding the (Section 51) application at the Court of Appeal and Federal Court as to whether we’re entitled to those statements.”
He said high court judge Datuk Muhammad Jamil Husin dismissed the transfer bid as the court is of the view that the points raised have been decided by the Federal Court, and the sessions court is able to deliberate on whether the defence is entitled to the application.
“We have already received instructions to file an appeal against the decision, which we will do first thing in the morning.
“We can still file the application for the statements, but instead of filing it at the high court, we have to submit it to the sessions court.”
On August 7 last year, Lim was charged at the sessions court here with soliciting a bribe from a company that was awarded a contract to build the undersea tunnel.
He is accused of soliciting 10% of Consortium Zenith Construction Sdn Bhd’s profits as an inducement to assist the firm in obtaining the project.
On August 10, he faced charges at the Butterworth sessions court for allegedly using his position as the then Penang chief minister to solicit gratification worth RM3.3 million to secure the RM6.3 billion project. – The Vibes, July 12, 2021
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