KUALA LUMPUR – Lead counsel for Lim Guan Eng, Gobind Singh Deo, has questioned the Malaysian Anti-Corruption Commission’s (MACC) decision to investigate matters related to the case only after the charge.
During the closing stages at the former Penang chief minister’s trial today, Gobind explained that the prosecution attempted to adduce photos taken through a Sony Xperia smartphone via MACC forensic expert Saadon Abd Samad.
“In this case, the witness agreed that he only did a forensic test on the phone with respect to the photo in March 2021.
“My client was charged in August last year.
“The contention with it is that the client was charged first, only subsequent to that forensic investigations were done,” Gobind told the press at the Kuala Lumpur High Court lobby.
When asked if the defence is focusing on when the investigations were conducted as opposed to challenging the veracity of the evidence, Gobind explained the latter would be conducted in future submissions.
With regard to Section 51 of the Criminal Procedure Code application for witness statements obtained during the course of investigations, Gobind said it has not yet been done.
“We will make an application for certain documents under Section 51; we hope to make the application by tomorrow if not the day after.
“Certain documents are very important for the defence, and we raised this matter in court yesterday, particularly in respect of certain statements made by important witnesses in this case in press interviews to Malaysiakini and Free Malaysia Today.
“But I am not going to go into the details now, as it is best for the court to decide,” Gobind added.
Yesterday, Lim Guan Eng’s application to have his trial transferred from the sessions court to the high court here was dismissed.
Among the reasons to have the trial transferred, Gobind explained to The Vibes that there are legal uncertainties surrounding Section 51.
He explained the Court of Appeal and Federal Court have made different rulings regarding the provision.
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 Penang 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 then Penang chief minister to solicit gratification worth RM3.3 million to secure the RM6.3 billion project. – The Vibes, July 13, 2021
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