Malaysia

Guan Eng appeals dismissal of bid to transfer graft trial to high court

Former Penang chief minister asks Federal Court to overturn ruling by Court of Appeal

Updated 4 years ago · Published on 26 Nov 2021 6:50PM

Guan Eng appeals dismissal of bid to transfer graft trial to high court
Lim Guan Eng is being tried for corruption involving the undersea tunnel and paired roads project. – The Vibes file pic, November 26, 2021

PUTRAJAYA – Former Penang chief minister Lim Guan Eng is appealing to the Federal Court against the decision of the Court of Appeal, which rejected his request to transfer his corruption case, involving the undersea tunnel and paired roads project, to the high court.

One of his counsels, Haijan Omar, when contacted, said the notice of appeal was filed last Friday (November 19).

He said they would file the petition of appeal after receiving the records of appeal.

On November 16, the Court of Appeal’s three-member bench comprising Justices Datuk Nor Bee Ariffin, Datuk Che Mohd Ruzima Ghazali and Datuk Hashim Hamzah dismissed Lim’s request to have his ongoing corruption trial transferred from the sessions court to the high court.

In affirming the high court’s decision, Justice Che Mohd Ruzima, who delivered the court’s decision, held that Lim’s use of Section 417 of the Criminal Procedure Code, specifically arguing for the trial to be held at the high court as a platform to bring his appeal to the Federal Court, should not be allowed. 

Cases starting in the sessions court must be appealed in the Court of Appeal while cases starting in the high court will similarly end up in the Federal Court.

On July 12 this year, high court judge Datuk Muhammad Jamil Hussin dismissed Lim’s application to transfer the case from the sessions court to the high court.

Lim, who is the Bagan MP, is facing four charges involving the construction of an undersea tunnel and paired roads in Penang worth RM6.3 billion.

According to the first amended charge, Lim is accused of using his position as Penang chief minister to obtain a bribe of RM3.3 million as an inducement to assist Consortium Zenith BUCG Sdn Bhd owner Datuk Zarul Ahmad Mohd Zulkifli in securing the construction project worth RM6,341,383,702.

Lim is alleged to have committed the offence at the Penang chief minister’s office, level 28, Komtar, George Town, between January 2011 and August 2017.

 On the second amended charge, Lim is accused of soliciting a bribe of 10% of the profit from the company as gratification to secure the project – he allegedly committed this near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City here, between 12.30am and 2am in March 2011.

Lim, who is also DAP secretary-general, faces another two charges of causing two plots of land worth RM208.8 million, belonging to the Penang government, to be disposed of to two companies linked to the state’s undersea tunnel project.

The two offences were allegedly committed at the Penang Land and Mines Office, level 21, Komtar, on February 17, 2015, and March 22, 2017.

The trial is scheduled to resume on Monday (November 29) before sessions court Judge Azura Alwi. – Bernama, November 26, 2021

Related News

Malaysia / 3mth

Syed Saddiq walks free: Federal Court upholds acquittal

Malaysia / 5mth

Court of Appeal: Emergency proclamations beyond judicial review

Malaysia / 6mth

Court of Appeal grants stay on order over Sabah's 40 per cent revenue entitlement

Malaysia / 7mth

Apex court grants PETRONAS leave to challenge Sarawak state laws

Malaysia / 7mth

Isa Samad wants Federal Court to reconsider its decision to convict him

Malaysia / 8mth

Family takes issue of government responsibility in Altantuya's death to Federal Court

Spotlight

Malaysia

Wan Ahmad Fayhsal proposes Shuhaily for corporate mafia task force

Malaysia

Denai Alam, TTDI, and PJ hit by flash floods this afternoon (video)

Malaysia

Police open probe into case of Penang assemblyman who allegedly beat wife

Malaysia

Elderly woman found dead in drain outside Rembau home

Education

Flood-risk SPM candidates to be relocated to boarding schools ahead of monsoon

Business

BananaBro founder Tony Lim dies, remembered for vision to take banana leaf cuisine global

Malaysia

Adly tells PH to focus on winning Melaka seats, not CM post

Health

MOH seizes RM405k worth of illegally sold weight-loss drugs

You may be interested

Malaysia

Sarawak’s snap polls: A clean sweep for Abang Jo’s GPS?

Malaysia

Perlis PAS assemblywoman Wan Badariah dies at 50

By Ian McIntyre

Malaysia

Study on bridge design to replace undersea tunnel underway – Zairil

By Ian McIntyre

Malaysia

PH must revitalise human resources, management to stand out - PKR deputy secgen

Malaysia

Malaysia Airlines warns customers of possible data exposure in Amadeus cyber breach

Malaysia

Anwar highlights 70,000 free helmets initiative to improve motorcycle safety

Malaysia

Adly tells PH to focus on winning Melaka seats, not CM post

Malaysia

Total 1,577 slopes remain critical with 1,293 landslides recorded in Malaysia since 2021