GEORGE TOWN: The High Court here on Monday granted a discharge amounting to an acquittal on former Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon over their corruption charges, two years ago.
This followed an application made by Deputy Public Prosecutor Datuk Masri Mohd Daud to the court, based on a representation sent by the defence to the Attorney-General to withdraw the case, on July 6.
Masri had applied for a discharge not amounting to an acquittal.
Lim’s lead counsel, Ramkarpal Singh, and Phang’s lead counsel, Datuk V. Sithambaram, had requested for a full acquittal.
Judge Datuk Hadhariah Syed Ismail, in her judgment, agreed with the counsels that the charges “cannot be hanging over the head of the accused indefinitely.”
She stressed that there must be “finality.”
She said a total of 25 witnesses had been called and the case was last heard in March.
“The court cannot be slow. After six months, the prosecution has not proceeded with the matter. We do not conduct cases on installment. There must be a stop. No commas.
“The charge cannot be left hanging over the head of the accused indefinitely. We cannot be waiting for another six months for the case to proceed.
“I cannot agree with the prosecution’s application because by doing so the court cannot close the case file. That cannot be the case. If we want to proceed, then we should proceed from A to Z.
“So after studying the whole case, and the long duration to get the decision, the court orders both accused to be discharged amounting to an acquittal,” she said.
Earlier, Masri told the court that they had studied the defence’s representation and the prosecution decided to withdraw the case under provisions of Section 254(3) of the Criminal Procedure Code.
“This withdrawal is however a discharge not amounting to an acquittal,” he said.
Ramkarpal then argued that the prosecution’s application meant that there would not be a “full stop” to the case, but merely a postponement.
“We can understand that if they can’t get witnesses. However, the prosecution has indicated that they do not wish to proceed with the case at all.
“So, the proper order should be a full acquittal,” he said.
Sithambaram said if the court acceded to the prosecution, then this would mean that the charges had been withdrawn, but three or six months later, they could continue with it.
“This will be a nightmare for the accused. There has to be a finality.
“The justice of this matter is not about the personality involved but the 25 witnesses who were called to testify and cross-examined,” he added.
As soon as the court stood down, 58-year-old Lim, who is currently the Finance Minister, was seen hugging Phang, 46.
He was then congratulated and embraced by his supporters, including DAP state executive councillor, members of parliament and assemblymen who were present.
Also seen in court were Phang’s family members.
Speaking outside the court, Ramkarpal said the court’s order meant that there could not be any further prosecution on the accused.
“We are glad that our representation has been accepted. The fact that it took a long time meant that it had been studied thoroughly.
“We are very satisfied with the decision,” he noted.
Sithambaram said he was grateful that their representations were accepted.
“The learned judge made the right decision in acquitting the accused. This means they can now carry on with their lives,” he added.
The long-awaited trial began on March 26 this year, and was subsequently postponed pending the 14th general election.
It was further postponed when the accused made separate representations for their charges to be dropped.
On June 30, 2016, Lim claimed trial to using his position as a public officer, namely, the then chief minister of Penang, to gain gratification for himself and his wife, Betty Chew Gek Cheng.
He was accused of doing so by approving the application for conversion of agriculture land to a public housing zone in the southwest district to a company, Magnificient Emblem Sdn Bhd.
He was charged with committing the offence while chairing the State Planning Committee meeting at the operations room, Level 28, Komtar building here, on July 18, 2014.
The charge under Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 provides an imprisonment for up to 20 years and a fine of up to five times the sum or value of the bribe, or RM10,000, whichever is higher.
In the second charge, Lim also claimed trial to using his position to obtain for himself a plot of land and a house, located at No 25, Jalan Pinhorn, George Town, from Phang for RM2.8 million, a price which he allegedly knew did not commensurate with the property’s then market value of RM4.27 million.
The offence was allegedly committed at No 25 Jalan Pinhorn, George Town here on Oct 21, 2015.
The charge was under Section 165 of the Penal Code, which provides an imprisonment for up to two years, or a fine, or both.
Phang was charged with abetting Lim in obtaining the bungalow at an undervalued cost at the same place and date.
She was charged under Section 109 of the Penal Code, read together with Section 165 of the same law, which provides an imprisonment for up to two years, or a fine, or both, upon conviction.