Probe, prosecution of businessman not in vain, MACC officer tells court
KUALA LUMPUR : An investigating officer from the Malaysian Anti-Corruption Commission (MACC) told the sessions court in Lim Guan Eng's corruption trial here that their efforts to probe and charge businessman G Gnanaraja had not 'gone to waste'.
Eng Heng Jun acknowledged that Gnanaraja was initially charged with cheating key witness Zarul Ahmad Zulkifli in Lim's undersea tunnel project case, but that those charges were later withdrawn.
Gnanaraja was fined RM230,000 after pleading guilty to an alternative charge of using company funds to enrich himself under Section 218(1) of the Companies Act in 2020.
Eng told the court that the RM230,000 was paid to the government's coffers.
'I disagree with counsel's suggestion that Section 218(1) was a 'minor' charge (as opposed to the cheating charges which carried a custodial sentence),' he said during cross-examination by defence lawyer Haijan Omar.
Haijan had questioned the prosecution's move to offer Gnanaraja an alternative charge.
Eng said the Section 218(1) charge was offered to Gnanaraja after Zarul in 2019 amended his witness statement, telling authorities that he had made 'mistakes' regarding the source of funds allegedly used to pay Gnanaraja.
He added that the amendments to the witness statement meant 'it was insufficient to proceed with the cheating charges'.
Tiara Katrina Fuad, who also represented Lim, then questioned the investigating officer on whether he doubted Zarul's credibility as a witness.
'So, do you think he was not a credible witness because he changed his stand?' she asked.
Eng disagreed with the lawyer, saying the instructions to offer the Section 218(1)(a) charge came from the deputy public prosecutor.
The hearing continues before judge Azura Alwi on June 25.
Lim is charged with using his position as then Penang chief minister to ask Zarul for a 10% cut of the profits from the undersea tunnel project and accepting RM3.3 million in kickbacks from the businessman.
He is also accused of two counts of dishonestly misappropriating RM208.7 million worth of state land.
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