Lim Guan Eng's lawyer says ridiculous for MACC to claim ignorance
NST
New Straits Times3 September 2018
KUALA LUMPUR: Lim Guan Eng’s lawyer has described as “ridiculous” the Malaysian Anti-Corruption Commission’s (MACC) statement that it was “very shocked” by the acquittal of the former Penang chief minister of graft charges.
In a statement, Ramkarpal Singh said it was ridiculous for the MACC to claim ignorance of the Penang High Court decision as the director of its own legal and prosecution division, Mohd Masri Daud, had informed the court that he was withdrawing the charges against Lim.
“I was in court this morning with other counsels for both accused persons and there was not a hint of dissatisfaction from Masri or his team reflecting MACC’s said claim,” he said. Lim, who is Finance Minister, and businesswoman Phang Li Koon were acquitted of the corruption charges against them over the purchase of a bungalow at below market price after the prosecution dropped the charges. Masri, acting as the deputy public prosecutor, asked the court to consider a discharge not amounting to acquittal for the two. However, Judge Hadhariah Syed Ismail, decided to discharge and acquit the two, after agreeing with defence counsel that it was not right for the public prosecutor to leave a cloud hanging over their heads as they might be charged again in the future. Ramkarpal said the judge was right in her decision as it was consistent with recent trends. He said that in 2015, National Feedlot Corporation (NFC) executive chairman Datuk Seri Dr Mohamad Salleh Ismail, the husband of former Umno Wanita chief Tan Sri Shahrizat Abdul Jalil, was acquitted of two charges of criminal breach of trust involving RM49.7 million after the prosecution informed the court that it did not wish to pursue the matter.
Lim Guan Eng’s lawyer has described as “ridiculous” the Malaysian Anti-Corruption Commission’s (MACC) statement that it was “very shocked” by the acquittal of the former Penang chief minister of graft charges. Pic by NSTP/MIKAIL ONG
In the Lim and Phang case, he said, both of them had submitted extensive and detailed representations to the attorney-general as to why the charges ought to have been withdrawn. “The learned judge exercised the powers vested in her by ordering an acquittal as opposed to a discharge not amounting to an acquittal. “There was absolutely no error on her part in doing so, particularly when the prosecution itself indicated that it did not wish to proceed,” he said. Ramkarpal said the MACC’s statement that it was shocked implied that Masri was not aware of the AG’s decision to withdraw the charges. He urged Masri to clear the air and confirm that he did (know of the AG’s decision). “There is nothing shocking about today’s acquittal as no man should be left with a possible prosecution in the future hanging over his head by the grant of an order of a discharge not amounting to an acquittal. “This is elementary and the MACC’s failure to understand this is most unfortunate,” said Ramkarpal. On June 30, 2016, Lim was charged with using his public office or position as Penang chief minister to obtain gratification for himself and his wife, Betty Chew, by approving an application by Magnificent Emblem to convert agricultural land for residential purposes during a state exco meeting on July 18, 2014. Lim was also charged under Section 165 of the Penal Code for allegedly using his position to obtain gratification by purchasing a bungalow from Phang at RM2.8 million, which was below the property’s market value of RM4.7 million at that time. Phang, meanwhile, was charged under Section 109 of the Penal Code for abetting Lim on July 28, 2015. She was alleged to have committed an offence under Section 165 of the Penal Code by using Lim’s position for gratification. © New Straits Times Press
Malaysia's finance minister was Monday cleared of corruption charges brought against him by the former government, which critics said were a bid to neutralise a potent political threat, official media reported.
Lim Guan Eng is a leading politician in the reformist alliance that unexpectedly swept to power at May elections, toppling the coalition that had ruled Malaysia for 61 years and was criticised for becoming increasingly authoritarian.
Lim was a vocal critic of the former leader Najib Razak, who allegedly had a central role in a massive financial scandal that helped persuade voters to boot him out of power.
Lim went on trial in March when he was still chief minister of northern Penang state and was accused of one count of corruption in allegedly purchasing a house at below-market value.
A second charge related to abusing his position over re-zoning some public land for development.
The High Court in the state cleared him of the charges on Monday after the attorney-general's office agreed to withdraw them, official news agency Bernama reported.
He had faced up to 20 years in jail if convicted.
Businesswoman Phang Li Koon, who was accused of abetting Lim in the purchase of the house, was also acquitted.
Lim and Phang hugged each other in the dock when the decision was delivered, Bernama reported.
However the Malaysian Anti-Corruption Commission (MACC), which had been investigating the case, said it was "shocked".
"The MACC stresses that this decision was made by the Attorney-General's Chambers and not the MACC," the agency said in a statement.
Since his election loss, Najib has been arrested and charged over a scandal surrounding sovereign wealth fund 1MDB. The ex-leader and his cronies are accused of looting billions of dollars from the investment vehicle.
He denies any wrongdoing.
