Guan Eng trial: DPP bristles over Gobind’s claims evidence held back

KUALA LUMPUR – The prosecution and defence again traded barbs today in Lim Guan Eng’s graft trial relating to the RM6.3-billion Penang undersea tunnel project, with his lawyer Gobind Singh Deo accusing the other side of withholding evidence.

This pertained to witnesses in another trial in the Shah Alam court, where businessman G. Gnanaraja was charged with cheating Datuk Zarul Ahmad Mohd Zulkifli – who is director of Consortium Zenith Construction Sdn Bhd, the company involved in the tunnel project.

Gobind today continued the defence team’s push to apply for a forensic report on a WhatsApp conversation between Zarul and Gnanaraja, accusing the prosecution of suppressing evidence in the process.

Deputy public prosecutor (DPP) Ahmad Akram Gharib said that Gobind’s attack against the prosecution was putting it in a difficult position.

“Don’t attack us (prosecutors) personally. (Gobind’s submission) personally attacked our team, but we are just trying to do our jobs.  

“If the media reports (on Gobind’s claims), we will get tired of having to answer (to our superiors). Our salary remains the same,” Akram said after Gobind had presented his oral submission for the forensic report to judge Azura Alwi.

Akram also said there was no need for the prosecution to provide the report as the witnesses from the trial in Shah Alam would be called to Lim’s trial.

“There is no need for us to provide the documents because they (defence team) already have them anyway, so the application is frivolous,” the DPP said.

Earlier, a frustrated Gobind said there was contempt of court “of the highest nature” as a DPP for Lim’s trial was also involved in proceedings for the case in Shah Alam, but the prosecution in the DAP chairman’s trial claimed it had no knowledge of the other one.

Gobind questioned why the witnesses in Lim’s trial had failed to inform the court of their testimonies in Shah Alam, lamenting that lead prosecutor DPP Wan Shaharuddin Wan Ladin had “conveniently concealed” details from the court. 

“Never mind concealing details from the defence team, but they dare to conceal it from the court? What is happening here is a farce, Yang Arif,” Gobind said.

“What is the point of having a court if the prosecution suppresses evidence and the truth from the court?

“You have been given power as a DPP, which means that you have (a responsibility) to do the right thing, not lie (to the court),” he said.

Gobind then hinted that the charges against Lim, who is also Bagan MP, are “political” in nature. 

“In January 2020, a report was suddenly made against (Lim) by an MACC (Malaysian Anti-Corruption Commission) officer alleging that (Lim) took the RM2 million (part of Gnanaraja’s cheating case). 

“This (Lim’s trial) is 100% political. The Sheraton Move was in February, so what happened (was that) the prosecution told the witnesses (in Gnanaraja’s case) to come back (for Lim’s trial) and change their statements.

“This entire case is a fix-up against (Lim). I want to know which DPP did this,” Gobind said.

After hearing the arguments from both sides, judge Azura set April 5 to deliver her decision on the defence’s application for the forensic report. 

Last week, judge Azura dismissed the prosecution’s preliminary objection to the application, filed under Section 51 of the Criminal Procedure Code.

Previously, Gobind claimed that the WhatsApp conversations would show that Lim did not receive RM2 million in kickbacks, noting that the online conversation provided to the defence team was not the full report. 

He also alleged that the chats would show how the prime minister in 2017 was the actual recipient of monies from Zarul and Gnanaraja. 

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 BUCG, owned by Zarul, to obtain the undersea tunnel project valued at RM6,341,383,702 between January 2011 and 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 for causing two Penang-government-owned plots of land worth RM208.8 million to be disposed of to two companies linked to the tunnel project.

He was charged with committing the act at the Penang Lands and Mines Office, 21st floor, Komtar, on February 17, 2015 and March 22, 2017. – The Vibes, March 23, 2023