[UPDATED] Guan Eng graft trial: court orders prosecution to hand over WhatsApp transcript 

KUALA LUMPUR – The sessions court here has granted Lim Guan Eng’s defence team their bid to secure WhatsApp messages between two key prosecution witnesses in the Bagan MP’s RM2 million corruption trial relating to the Penang undersea tunnel project.  

Judge Azura Alwi said today that the defence, led by Gobind Singh Deo, had proved that their application for a forensic report on the messages is necessary and desirable.  

“The court finds that there have been two different testimonies in separate courts on the purpose and recipient of the RM2 million involving the same payment voucher and cheques.  

“As such, the full facts must be presented to the court to reach the truth.  

“The principle of equality of arms and right to a fair trial can only be achieved if the application is allowed,” Azura said. 

Deputy public prosecutor (DPP) Wan Shahruddin Wan Ladin then told the court that the prosecution will provide the report to the defence by April 17.  

Azura also set case management for May 10.

Previously, Lim’s defence team claimed the WhatsApp conversation would disprove testimonies by earlier witnesses alleging that Lim was the recipient of the RM2 million kickbacks. 

The forensic report, which details online conversations between businessmen Datuk Zarul Ahmad Mohd Zulkifli and G. Gnanaraja, was tendered as evidence in the Shah Alam sessions court during the latter’s case where he was charged with cheating the former. 

Zarul is also the director of Consortium Zenith Construction Sdn Bhd (CZCSB), the company handling the undersea tunnel project. 

Gobind had argued previously that the prosecution was “suppressing evidence” by refusing to hand over the report, which allegedly showed how a 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, April 5, 2023