[UPDATED] Guan Eng graft trial: prime minister in 2017 recipient of bribes, defence asserts

KUALA LUMPUR – Lim Guan Eng’s defence counsel today implicated a former prime minister as the actual recipient of kickbacks related to the Penang undersea tunnel project.

The Bagan MP’s corruption trial involving the project before the sessions court here today saw his lawyer Gobind Singh Deo asserting that the prime minister in 2017 had received monies from businessmen Datuk Zarul Ahmad Mohd Zulkifli and G. Gnanaraja, based on a WhatsApp conversation between the duo. 

Gobind highlighted a particular message on July 23, 2017, pointing out that the date coincides with the birthday of an ex-prime minister. 

The WhatsApp message read: “On July 23, 2017 at 9.41am, Gnanaraja says: ‘Good morning Datuk. Had a good birthday cutting cake at 12am with big boss”, Gobind said.

“Gnanaraja later says: ‘I will be seeing him again at 4.30pm later. I have already briefed him on our matter and he said he will brief me later. I will see you after Taman Duta’.

“To this, Zarul responds by saying: ‘Do you still need me before that? I still have the chocolates I want to pass you’,” Gobind added.

Gobind told the court Lim was neither born on that date nor did he live in Taman Duta. 

The term “chocolates” refers to cash, while “big boss” refers to Lim, according to previous testimony by Zarul, who is director of Consortium Zenith Construction Sdn Bhd (CZBUCG), the company handling the undersea tunnel project.

Gobind today was cross-examining Wan Mohd Firdaus Wan Yusof, a witness from the Malaysian Anti-Corruption Commission. 

Yesterday, Gobind said the WhatsApp conversations will show that Lim, formerly Penang chief minister, was not the intended recipient of the kickbacks.

Firdaus today was unable to confirm when asked by Gobind if the term “big boss” in the WhatsApp chats referred to a former prime minister.

Deputy public prosecutor Wan Shaharudin Wan Ladin then objected to Gobind’s “baseless” oral submission regarding the identity of “big boss” and the recipient of the funds, urging judge Azura Alwi to not record statements from the bar. 

Under reexamination by Wan Shaharudin, Firdaus said that the conversation records “do not show that money was not paid to (Lim)” and “do not show that money was paid to someone else.”  

Gobind then objected to the prosecution’s line of questioning, saying they should just agree to provide the forensic report of the WhatsApp conversation, so that the chats would be public.

The defence team has until February 9 to file an application to admit the forensic report as evidence, with the hearing for the application set to take place on February 15.

Lim is facing an amended charge of using his position as Penang chief minister to receive RM3.3 million in bribes to help 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 Vibes, January 18, 2023