Court allows Guan Eng's bid to obtain Whatsapp chat

Judge Azura Alwi made the decision after finding that there were two different testimonies in two courts involving the same payment voucher and cheque as to who received the RM2 million and the purpose of the payment.

Azura said based on the notes of proceedings and written statements of the witnesses in Shah Alam court, that had been produced as exhibits in the application, the court found that the applicant (Lim) had successfully proved the fact that payment vouchers and Public Bank cheques were used to withdraw the RM2 million, which was said to have been handed over to businessman G. Gnanaraja.

"In the case before this court (Sessions Court), the evidence also showed that the same payment voucher and cheque had also been submitted and had been marked as exhibits P140 and P141, and that the RM2 million was said to have been handed over to the accused (Lim).

"The evidence also showed that there was a discussion about the money (RM2 million) through a WhatsApp conversation between Consortium Zenith Construction Sdn Bhd (CZCSB) director Datuk Zarul Ahmad Mohd Zulkifli and Gnanaraja," she said.

Azura said there was also a digital forensic analysis report prepared by the Malaysian Anti-Corruption Commission (MACC) regarding the WhatsApp conversation that was submitted before the court here.

"However, the digital forensic analysis report produced in the Shah Alam court case, which was requested by the applicant was never submitted to this court," she said.

In this regard, Azura said the matter was a relevant issue according to Sections 5 and 11 of the Evidence Act 1950 where comprehensive facts must be presented and submitted to the court so that the truth can be known.

"The applicant needs to get the digital forensic analysis report and the complainant's report in the Shah Alam Court case to provide a fair defence. The court agreed and found that the principles of equality and fair trial as enshrined in Article 5 and Article 8 of the Federal Constitution will be achieved by allowing this application.

"Following that, the applicant has successfully demonstrated to the court why the forensic report is necessary and important to the defence and the application under Section 51 of the Criminal Procedure Code should be allowed," said the judge.

After the decision, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin said the prosecution would make the report available to the defence in two weeks time.

Azura then fixed May 10 for mention pending the handover.

The forensic report involved WhatsApp exchanges between Gnanaraja and Zarul Ahmad about the gifting of 'RM2 million chocolate' allegedly given to Lim as a bribe.

The exchanges were previously revealed through the testimony of the MACC forensic investigating officer Assistant Superintendent Wan Mohd Firdaus Wan Yusof.

Lim, 61, is facing an amended charge of using his position as the chief minister of Penang to accept a bribe of RM3.3 million in helping a company owned by Zarul Ahmad to obtain a construction project worth RM6,341,383,702 at the Office of the Chief Minister of Penang, 28th Floor, Komtar, George Town between January 2011 and August 2017.

For the second amended charge, Lim is accused of soliciting a bribe from Zarul Ahmad, namely 10 per cent of the company's profits, as an inducement for obtaining the project and is accused of committing the act near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City here in March 2011.

Lim also faces two charges of causing two plots of land worth RM208.8 million owned by the Penang government to be disposed of to two companies allegedly linked to the undersea tunnel project.