PUTRAJAYA: The RM1.08 billion cheating case of former transport minister Tun Dr Ling Liong Sik in relation to the Port Klang Free Zone project, will be tried at the Kuala Lumpur High Court.
Tun Dr Ling Liong Sik
Sessions Court judge Suzana Hussin allowed the prosecution’s application to transfer the case to the High Court at the Court Complex in Jalan Duta, Kuala Lumpur, under Section 418A of the Criminal Procedure Code.
Deputy public prosecutor Manoj Kurup, who is leading the prosecution team, told the court that the Attorney-General had considered the transfer application made by Dr Ling on Aug 30 and had agreed to it.
“On the application by the prosecution, I order that the case be transferred to the Kuala Lumpur High Court for further action,” said Suzana.
Suzana also retained the sum of RM1 million in bail and one surety which she had granted Dr Ling when he was first charged in court on July 29.
She said the sum would be subject to the High Court’s further order.
The judge also said that the next mention date of the case would be fixed by the Kuala Lumpur High Court.
When approached by reporters outside the court, Dr Ling said he came here “to vindicate myself” and wanted a speedy trial.
The 67-year-old former MCA president is facing a charge of cheating the Malaysian government by misleading the Cabinet on the land acquisition for the Mega Distribution Hub project in Port Klang.
According to the principal charge, he is alleged to have deceived the Cabinet into agreeing on the land purchase according to the terms agreed to between Kuala Dimensi Sdn Bhd and the Port Klang Authority.
The terms in the agreement included: a) the size of the land being 999.5 acres or 43,538,200 sq ft; b) the purchase price for the land being RM25 per sq ft amounting to a total of RM1,088,456,000; c) the repayment period being based on a “deferred payment” of 15 years with an interest rate of 7.5 per cent per annum (total RM720,014,600).
Dr Ling is accused of deceiving the Cabinet into giving its consent to the land purchase according to the terms by dishonestly hiding the fact that the valuation by the Valuation and Property Service Department, Ministry of Finance on the land was RM25 per sq ft for a repayment period of 15 years, including coupon/interest that could be charged for the repayment period.
As such, he had purposely induced the Cabinet to give its consent to the purchase, whereas the Cabinet would not have given its consent if the fact had been told to the Cabinet.
According to the charge, the fraud was committed with the knowledge that he (Dr Ling) could cause a wrongful loss to the Malaysian government, where he had an interest in the transaction pertaining to the fraud and he was bound under the law to protect it.
Dr Ling, who came to the court yesterday clad in a black suit with green tie, is alleged to have committed the offence between Sept 25 and Nov 6, 2002 at Level 4, Prime Minister’s Office, Bangunan Perdana Putra, Putrajaya.
If convicted, Dr Ling can be jailed up to seven years and fined, or both.
Dr Ling also faces an alternative charge of cheating the government by misleading the Cabinet on the land acquisition for the same project at the same place and time.
Under the alternative charge, he is liable to a jail term of up to five years or fine, or both, upon conviction.
Dr Ling was accompanied by his wife Toh Puan Ena Ling and their two sons, Hee Liong and Hee Keat.
In the court proceedings earlier, Dr Ling’s counsel Wong Kian Kheong had requested the Sessions Court judge to retain the RM1 million bail until the trial ended.
However, deputy public prosecutor Dzulkifli Ahmad told the judge that she was only empowered to transfer the case to the Kuala Lumpur High Court and that she could not force the High Court to set aside or retain the RM1 million bail set by her. — Bernama