KUALA LUMPUR: The legal team representing former Penang Chief Minister Lim Guan Eng in his corruption trial today raised an objection against a statement recorded from the Ewein Bhd founder and executive chairman Datuk Ewe Swee Keng, contending it was fabricated.
Ewe was the 15th prosecution witness and due to testify in the corruption case involving Lim, but he died last Oct 5 after allegedly falling from a condominium unit.
Lawyer Gobind Singh Deo said the statement should be rejected as the statement, dated last Aug 14 and recorded by the Malaysian Anti-Corruption Commission (MACC), did not comply with Section 30 (8) of the MACC Act.
He had queried why certain parts of the statement were handwritten and other parts in a computerised format, while law had stipulated that every part of the statement recorded by the MACC officer should be in writing.
"The first three statements separately recorded by MACC from Ewe last year seemed to exonerate Lim, but the fourth one which was recorded this year, however seemed to implicate my client.
"The only implication here is that it (statement purportedly recorded by MACC from Ewe) is a fabrication. Therefore, I am applying for the court to not allow all four statements to be admitted as evidence," he added.
Deputy public prosecutor Wan Shaharuddin Wan Ladin submitted that the MACC statements were legally admissible as evidence as the defence failed to challenge the portion of the MACC recorded statements that the late Ewe was not compelled to give the statements.
"The defence failed to challenge page five of the MACC recorded statement, that the witness (Ewe) was not forced to give the statements and was telling the truth to the MACC," he said.
After hearing submissions by both parties, judge Azura Alwi fixed Dec 13 to decide the matter.
Earlier, the court heard the testimony of the 16th prosecution witness, Foo Jee Hai, 49, who is Emicro Services Sdn Bhd director, who said that he had introduced Datuk Zarul Ahmad Mohd Zulkifli, the contractor of the Penang undersea tunnel and paired road project, to Ewe in 2011.
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% of the profits from Zarul 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.
Lim, who is also DAP secretary-general, also faces two charges 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.
-- BERNAMA
Bernama
Tue Nov 30 2021
The legal team representing Lim Guan Eng in his corruption trial today raised an objection against a statement recorded from the Ewein Bhd founder and executive chairman Datuk Ewe Swee Keng, contending it was fabricated. - BERNAMA
Who is Prabowo Subianto, incoming president of Indonesia?
A wealthy ex-general with ties to Indonesia's popular outgoing president and its dictatorial past, looks set to be its next leader.
Iran's supreme leader says Hamas leader's death will not halt 'Axis of Resistance'
The "Axis of Resistance", built up with years of Iranian support, includes Hamas, the Lebanese Hezbollah group, the Houthi movement in Yemen, and various Shi'ite groups in Iraq and Syria.
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
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.