Judge Azura Alwi stated that Consortium Zenith Construction Sdn Bhd director Datuk Zarul Ahmad Mohd Zulkifli, 65, did not produce an MC just for today, and he usually provides one when he is unwell.
"I have no intention of issuing a warrant against him (Zarul Ahmad). I understand that arrangements have been made by the lawyers and the accused. When the prosecution witness was unwell before, he informed the court...only today (he didn't)," she said.
The court adjourned today's proceedings and directed the witness to submit the MC at the next hearing scheduled for June 7.
Earlier, Lim's lawyer, RSN Rayer, requested the court to warn Zarul Ahmad and issue a warrant for his arrest for not presenting an MC today.
"We are aware of his (the witness) health condition, and throughout the course of this case, there have been times when I told him to take breaks. However, today was set for proceedings to challenge his credibility, for which a sick leave certificate was not presented. Therefore, an arrest warrant could be issued against him," he said.
However, deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin said he was informed by the investigating officer at 10.15 am that Zarul Ahmad was experiencing vertigo and could not attend court today.
On March 4, Azura allowed Lim's application to commence proceedings challenging Zarul Ahmad's credibility after noting inconsistencies between his statements to the MACC and those made in the Sessions Court.
According to the first amended charge, Lim, 63, is accused of using his position as Penang chief minister to receive bribes amounting to RM3.3 million from Zarul Ahmad's company to secure the Penang Main Roads and Tunnel Construction project valued at RM6,341,383,702 between Jan 2011 and Aug 2017 at the Penang Chief Minister's Office.
For the second amended charge, Lim is accused of soliciting a bribe of 10 percent of the profits to be obtained from Zarul Ahmad as payment for assisting the businessman's company secure the same project.
Lim is alleged to have committed the act near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City here between 12.30 am and 2 am in March 2011.
He also faces two charges in connection with the disposal of two plots of land owned by the Penang State Government valued at RM208.8 million to a development company related to the underwater tunnel project, allegedly committed at the Penang Land and Mines Office, Komtar, on Feb 17, 2015, and March 22, 2017.
-- BERNAMA
