[UPDATED] WhatsApp transcript will prove money not meant for Guan Eng: Gobind

KUALA LUMPUR – Lim Guan Eng’s defence team claimed that it has sufficient evidence to disprove testimonies by earlier witnesses alleging that the Bagan MP had received kickbacks amounting to RM2 million in relation to the Penang undersea tunnel project. 

The trial before the sessions court here today saw lead defence counsel Gobind Singh Deo asserting that the money had never been intended for Lim, based on WhatsApp conversations between businessmen Datuk Zarul Ahmad Mohd Zulkifli and G. Gnanaraja. 

Gobind said that he will be able to prove the matter if the prosecution, led by deputy public prosecutor Wan Shaharudin Wan Ladin, cooperates and provides the full report of the WhatsApp conversation, which the defence team had obtained a court order for in October. 

“Prior to this, the online conversation provided to us began from August 18, 2017. However, if we look at the previous day’s conversation (August 17) then it will show that (Zarul) is lying (about giving money to Lim). 

“The prosecution knows what we want but they are making it extremely difficult for us (because) they know that I will expose their lies,” he told the court during case proceedings today.

Claiming that the prosecution is “intentionally causing delays” in the trial by dragging its feet over providing the report, Gobind then cross-examined a witness from Malaysian Anti-Corruption Commission, Wan Mohd Firdaus Wan Yusof, to prove the relevance of the document. 

When grilled by Gobind on the conversation between Zarul and Gnanaraja that had supposedly taken place on August 17, Firdaus said he is unsure if the chat will show that Lim was not intended to be the recipient of the funds. 

Gobind doubled down and said that he has video recordings from the Shah Alam sessions court during Gnanaraja’s case, in which he was charged with cheating Zarul, who is also the director of Consortium Zenith Construction Sdn Bhd (CZCSB). 

“Witnesses who are saying that the ‘chocolates’ were for (Lim) are providing false testimonies.

“The videos show that Zarul, (CZCSB former senior executive director) Ibrahim Sahari and (CZCSB former senior vice-president of finance and corporate services) Azli Adam have lied in court. 

“They informed the Shah Alam court that (Zarul) told them the money was for someone else (instead of Lim),” Gobind said. 

“Chocolate” and “Bigboss” were terms used by Zahrul and Gnanaraja to refer to cash and Lim, respectively, when they communicated via the messaging platform. 

The prosecution, however, objected to the video being shown while Firdaus was in the witness stand due to a lack of “relevancy”. 

Jude Azura Alwi later allowed Firdaus to bring with him records of the conversation for his own reference when being questioned tomorrow, but insisted that the defence team will have to make a formal application if it wishes to acquire the complete forensic report. 

On June 28 last year, Ibrahim and Adam had testified that they were notified that company money had been paid to Lim as bribes, although they did not personally observe the transactions. 

Lim is facing an amended charge of using his position as Penang chief minister to receive RM3.3 million in bribes to help Consortium Zenith Beijing Urban Construction Group Sdn Bhd (CZBUCG), owned by Zarul, to obtain the undersea tunnel project, valued at RM6,341,383,702, between January 2011 to August 2017.

On the second amended charge, allegedly committed in March 2011, Lim is accused of soliciting bribes amounting to 10% of the profits to be earned by the company from Zarul, as gratification for helping the company secure the project.

Lim also faces 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.

He was charged with committing the act at the Penang Land and Mines Office, 21st floor, Komtar, on February 17, 2015 and March 22, 2017. 

The trial continues tomorrow. – The Vibes, January 17, 2023