KUALA LUMPUR: The Sessions Court was told today that Beijing Urban Construction Group Sdn Bhd (BUCG) should not be involved in meetings or discussions for the preparation of Request for Proposal (RFP) documents if the main road and tunnel construction project in Penang is offered through open tender.
Senior private secretary to Penang Chief Minister Chow Kon Yeow, Muhamad Azrai Mohamad Zaini, 39, said he was of the view that BUCG's involvement in the early stages of preparing the RFP documents before the tender offer was advertised would give the company an advantage over other companies.
"I know that this project will be awarded by the state government through open tender. I also know that BUCG representative Datuk Zarul Ahmad Mohd Zulkifli was present to assist the State Economic Planning Unit (UPEN) in preparing the RFP documents.
"If (the project was offered) via open tender, BUCG should not be present at the meeting or discussion for the preparation of the RFP document. This is because, BUCG should not be involved in any process of preparing the RFP documents.
"I know there are amendments made to the RFP document draft that give BUCG an advantage to know about the scope of work of each project, the estimated cost, qualifications set for tender bidders, technical and financial conditions, earlier than other bidding companies before the RFP is advertised," said the fourth prosecution witness.
He said this when reading out his witness statement on the seventh day of former Penang chief minister Lim Guan Eng's corruption trial on four charges involving the construction of an undersea tunnel and paired roads project in Penang.
The project was awarded to Consortium Zenith Bejing Urban Construction Group Sdn Bhd (CZBUCG), which is a joint venture company with BUCG.
Asked by deputy public prosecutor Wan Shaharuddin Wan Ladin, whether there was any conflict of interest when BUCG also involved in the preparation of the RFP documents, Muhamad Azrai replied: "I think there will be conflict of interest when a company that is involved in preparing the RFP documents also bids for the project".
"It was the third discussion between Penang state government representatives and BUCG representatives regarding the preparation of RFP documents for the three main road and tunnel construction project," he said.
Asked why he did not report this involvement of BUCG in the meetings with his superior, Muhamad Azrai said "I was still a junior officer at that time and I assumed that everything I did was under the knowledge of my immediate bosses and therefore I felt that there was no need for me to report about BUCG's involvement in the meetings.
Muhamad Azrai also said that BUCG had appointed consultants from China and Malaysia to conduct a study on the project and during a meeting on May 10, BUCG said there were difficulties in carrying out the project, but state the government decided to proceed with the project anyway.
Meanwhile, when cross-examined by lawyer Gobind Singh Deo representing Lim, whether he agreed that the former Penang chief minister was not involved in the three meetings as they were conducted by the state executive council members and experts from the state government, Muhamad Azrai replied in the affirmative.
According to the first amended charge, Lim, 60, is charged with using his position as then Penang Chief Minister to obtain a bribe of RM3.3 million for helping a company owned by Zarul Ahmad to secure the construction project worth RM6,341,383,702.
The offence was allegedly committed between January 2011 and August 2017 at the Penang Chief Minister's Office.
On the second amended charge, Lim is accused of soliciting bribes amounting to 10 per cent of the profits from Zarul Ahmad to be earned by the company as gratification for helping his (Zarul) company to secure the project.
The offence was allegedly committed near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City, here, between 12.30 am and 2 am in March 2011.
The Bagan member of parliament also faces two charges with causing two plots of land, worth RM208.8 million, belonging to the Penang government to be disposed of to two companies, which are linked to the state's undersea tunnel project.
The offence was allegedly committed at the Penang Land and Mines Office, Komtar, on Feb 17, 2015 and March 22, 2017.
The trial before Judge Azura Alwi continues on Sept 10.
-- BERNAMA
Bernama
Fri Aug 20 2021
Lim Guan Eng is charged with using his position as then Penang Chief Minister to obtain a bribe of RM3.3 million for helping a company owned by Zarul Ahmad to secure the construction project worth RM6,341,383,702. - BERNAMA photo
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.
Minimum wage to increase to RM1,700 effective Feb 1, 2025
The Progressive Wage Policy would be fully enforced next year with an allocation of RM200 million, benefiting 50,000 workers.
Bursa Malaysia ends higher on Budget 2025 optimism
The benchmark index, which opened 1.85 points higher at 1,643.29, moved between 1,641.71 and 1,649.31 throughout the trading session.
Five important aspects relating to people’s lives in Budget 2025 - PM
The focus is on driving the MADANI Economy, speeding reforms, cutting red tape, raising wages, and tackling the cost of living.
Economic outlook: Govt plans to leverage, expand existing city transit system
The expansion aims to provide a more efficient and reliable public transportation network, reduce congestion, and improve accessibility.
Economic outlook: Budget 2025 to lay foundation for a digital-driven economy
The report said Budget 2025 will entail efforts to position Kuala Lumpur as a top 20 global startup hub by 2030 through the KL20 initiative.
Economic outlook: Corruption and lack of accountability hinder economic progress
Special Cabinet Committee on National governance is established to curb corruption, law reforms to modernise outdate regulations, MoF said.
National Wages Consultative Council will be strengthened
The govt will also incentivise hiring women returning from career breaks, offer job matching and improve care services facilities.
Economic outlook: Ensuring 11 years of compulsory education for all children
Budget 2025 will continue prioritising upskilling and retraining initiatives to equip workers with the latest skill sets necessary.
Consolidated public sector projected to record lower surplus of RM41.7 bil 2024
The MoF said the consolidated general government revenue is estimated to increase slightly to RM384.7 billion in 2024.
PM announces substantial Budget 2025 hastening Malaysia to become Asian economic powerhouse
Datuk Seri Anwar Ibrahim said it would create jobs and also tackle financial leakages to enhance public spending efficiency.