GEORGE TOWN: Chief Minister Lim Guan Eng and businesswoman Phang Li Koon who are facing corruption charges are seeking to declare that Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is unconstitutional and invalid.
Section 62 states that once delivery of documents by the prosecution pursuant to section 51A of the criminal Procedure Code has taken place, the accused shall, before commencement of the trial, deliver the following documents to the prosecution: (a) a defence statement setting out in general terms the nature of the defence and the matters on which the accused takes issue with the prosecution, with reasons; and (b) a copy of any document which would be tendered as part of the evidence for the defence.
Penang High Court Judge Datuk Hadhariah Syed Ismail set Feb 7 to hear the notices of motion filed by Lim, who was represented by counsel Gobind Singh Deo and Phang, who was represented by counsel Datuk V. Sithambaram.
The judge also set the same date for case management of Lim and Phang’s cases in regard to the alleged underpriced purchase by Lim of a bungalow from Phang. Hadhariah also said the trial dates, March 27 till July 21 would be maintained.
Meanwhile, the judge stressed that the Corruption Act had long existed; similarly, Section 62 which no one could amend.
“Nevertheless, I cannot stop the lawyers from filing the notices; the function of the court is only to interpret,” she said.
Earlier, deputy public prosecutor Masri Mohd Daud informed the court that the completed documents containing 13,000 pages had been handed over to the defence. The two accused were not present during the case management proceeding yesterday.
On June 30, Lim claimed trial to two charges, involving the change in status of a piece of land from agricultural zone to housing zone, and purchase of a land lot and bungalow below market price. Lim stands accused on one charge, of abusing his position as Penang chief minister to corruptly benefit himself and his wife Betty Chew Gek Cheng by giving approval for rezoning of a piece of land from agricultural to public housing zone in Southwest District, Penang to Magnificient Emblem Sdn Bhd.
Lim, 56, allegedly committed the offence while chairing a Penang State Planning Committee meeting in the operations room on 28th floor of Komtar building in George Town on July 18, 2014.
He faces Section 23 of the MACC Act 2009, which carries a maximum 20 years imprisonment and a fine of not less than five times the amount involved or RM10,000, whichever is higher, on conviction.
Lim stands accused on the second charge, of using his position to obtain gratification through purchasing a land lot and house located at No 25, Jalan Pinhorn, George Townhouse from Phang for RM2.8 million on July 28, 2015. The price of the property was allegedly below the market value of RM4.27 million.
The charge under Section 165 of the Penal Code carries a maximum two years imprisonment or a fine or both, on conviction.
Phang, 44, claimed trial to abetting Lim at the same place and date, under Section 109 of the Penal Code read together with Section 165 of the Code, which provides for imprisonment of up to two years or a fine or both, on conviction. — Bernama