Lim Guan Eng, Wife And Phang Fail In Bid To Quash Charges, Trial To Proceed

PUTRAJAYA, June 24 (Bernama) -- The corruption and money laundering case against former Penang chief minister Lim Guan Eng, his wife Betty Chew, and businesswoman Phang Li Koon involving a foreign workers' hostel project worth RM11.6 million will proceed to trial at the Penang High Court.

This was after a three-member panel of the Court of Appeal judges led by Datuk Azman Abdullah, who sat with Datuk Noorin Badaruddin and Datuk Mohd Radzi Abdul Hamid, dismissed the application filed by Lim, Chew and Phang to strike out the charges.

On May 3, 2024, the Penang High Court dismissed their application to strike out the charges, stating that the doctrine of autrefois acquit, or the rule against double jeopardy, argued by the defence did not apply as it did not meet the requirement.

On May 26, 2023, Lim, Chew and Phang filed an application to strike out the corruption and money laundering charges on the grounds that the prosecution had used evidence from a previous case involving Lim's purchase of a bungalow on Jalan Pinhorn, even though he was acquitted and discharged in 2018.

According to the charges, Lim, as a public officer holding the position of Penang chief minister and chairman of the Penang Development Corporation tender board, was alleged to have used his position to receive a bribe of RM372,009 for his wife through Excel Property Management & Consultancy Sdn Bhd.

He is accused of committing the offence by acting to ensure Magnificent Emblem Sdn Bhd was awarded the Invitation to Propose a Workers' Settlement on Lot 631, Mukim 13, Juru, Seberang Perai Tengah and part of Lot 282, Mukim 13, Batu Kawan, Seberang Perai Selatan in Penang, valued at RM11,610,000, in which Chew had an indirect interest.

Lim, who is Bagan MP, allegedly committed the offence between Aug 19, 2013, and March 3, 2016, at the Chief Minister's Office, Level 28, Komtar in George Town, Penang.

The charge is framed under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, which carries a maximum prison sentence of 20 years and a fine of not less than five times the value of the gratification or RM10,000, whichever is higher, upon conviction.

Phang, on the other hand, was charged with allegedly conspiring to commit the offence with Lim at the same place and date. 

Chew is facing three money laundering charges for allegedly receiving RM372,009 from Excel Property Management & Consultancy Sdn Bhd, which was credited into her Public Bank Berhad account.

She is accused of committing the offences between Oct 7, 2013 and Aug 4, 2014; between Sept 3, 2014 and Aug 11, 2015; and between Sept 4, 2015 and March 3, 2016, at Public Bank Berhad, Taman Melaka Raya Branch, Melaka.

The charges were framed under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001, which is punishable by a fine not exceeding RM5 million or imprisonment of up to five years, or both, upon conviction.

Justice Noorin, when delivering the court's decision today, said that the charges in the present case were distinct in law and fact from those in the bungalow case, as they involved different factual allegations, transactions and alleged acts of gratification. 

“While there may be some overlap in the surrounding investigations conducted by the MACC in 2016, overlap of investigations does not equate to identity of offences. The constitutional prohibition is directed against a second trial of the same offence, not against a second trial arising from the same investigation," she said.

Justice Noorin said although Lim had been acquitted and discharged after the prosecution withdrew the earlier charges, there had been no judicial determination on issues relating to the workers' hostel project, payments allegedly made through Excel Property Management & Consultancy Sdn Bhd, or monies allegedly received by Chew. 

She said this was based on a statement issued by former deputy public prosecutor Datuk Mohamad Hanafiah Zakaria explaining the withdrawal of the bungalow case.

“The statement did not constitute a judicial finding and could not amount to a representation that no future prosecution could be brought in respect of different offences supported by different evidence,” she said.

Justice Noorin said the court acknowledged concerns raised by the appellants regarding fairness, as the former finance minister had undergone a lengthy criminal trial involving 25 witnesses before facing fresh charges arising from the same broad MACC investigation. 

“The appellant's complaint is neither frivolous nor devoid of substance. The factual material underlying the present charges appeared to have been substantially available to investigators and prosecutors during the earlier proceedings,” she said.

She said the more satisfactory and equitable course may have been for all charges arising from the same investigation to be considered together at the earliest opportunity. 

The court also cautioned against the fragmentation of prosecutions arising from the same investigation, noting that successive prosecutions based on facts already known to the authorities could create the perception that an accused person is being subjected to repeated litigation.

However, she said such concerns did not amount to a legal impediment under Article 7(2) of the Federal Constitution or the doctrine of double jeopardy as embodied in Section 302 of the Criminal Procedure Code. 

“Therefore, the court dismisses the appeal and upheld the High Court's decision," she said.

The court also rejected the appellants' reliance on the doctrines of issue estoppel and res judicata.

Meanwhile, deputy public prosecutor Ashrof Adrin Kamarul said the case management has been fixed for July 3 at the Penang High Court.

At today’s proceedings, Datuk Seri V. Sithambaram appeared for Phang while counsel RSN Rayer represented Lim and his wife.

-- BERNAMA