GEORGE TOWN: The graft case involving former Penang chief minister Lim Guan Eng, his wife Betty Chew and businesswoman Phang Li Koon in the RM11.6 million workers' quarters project will go on trial.
This came after High Court Judicial Commissioner Rofiah Mohamad dismissed their application for the case to be struck out.
In her brief judgment, Rofiah said for the double jeopardy doctrine to apply, it must be the same offence and facts.
She said there was a major difference in the alleged offence taking place and there were different persons and not part of earlier case.
"A total of 25 witnesses had been called to testify in the previous criminal case but there was no finding by the court.
"There was no judicial determination based on evidence heard in court," she said.
Lim's lawyer, R.S.N. Rayer had last year filed an application to strike out the case citing the use of the same evidence in an unrelated case where Lim was acquitted back in 2018.
Rayer claimed the prosecution was using evidence from the previous criminal case involving the purchase of Lim's bungalow in Jalan Pinhorn despite his acquittal and discharge in 2018.
Rofiah also ruled that the defence's argument that the Attorney General's discretion was not absolute, should be made by way of a judicial review.
"As such, the court dismissed the application to strike out the case," she added.
Rofiah then fixed July 26 for case management
She also ruled that the bail be extended.
Speaking to newsmen after proceedings, Rayer said the basis of the application was that the documents which were used as the basis of the charges today were available to the prosecution in 2016.
He said the basis of the application was that those documents were being used as the basis of another charge now.
"So, we applied to strike out the charges.
"The court has today dismissed our applications. We will to look at the grounds of judgment, which will be delivered to us today.
"We have made a request, and as soon as we obtained the grounds of judgment, most likely we will be filing an appeal to the Court of Appeal and at the same time, apply for a stay of the proceedings here, until and unless we get a decision from the Court of Appeal.
"Most likely, we make take this matter up to the Federal Court because it is a constitutional point of law," he said, adding that they would exhaust their avenues until the Federal Court.
Rayer, nevertheless, said they respected the court's decision.
Ramkarpal Singh said the grounds of Rofiah's judgment was based on the lines of the Attorney-General having unfettered discussion in instituting proceedings.
Meanwhile, Lim said he would continue to fight to clear his name.
Deputy Public Prosecutors Syed Faisal Syed Amir, Ashrof Adrin Kamarul and Shafiq Hasim prosecuted.
Also appearing for the defence were Datuk V. Sithambaram, A Ruebankumar and Thandayuthabany Pillay.
In Aug 2020, Lim claimed trial at the Sessions Court to a charge of abusing his power to obtain RM372,009.00 for his wife, Chew.
Lim is alleged to have used his position as the Penang chief minister and Penang Development Corporation (PDC) Tender Board to obtain gratification of RM372,009.00 for his wife Chew through Excel Property Management & Consultancy Sdn Bhd.
He allegedly used his position to ensure Magnificent Emblem Sdn Bhd was offered a request for proposal for a workers' quarters project in Batu Kawan in South Seberang Perai worth RM11,610,000.
He allegedly committed the offence sometime between Aug 19, 2013 and March 3 , 2016 at the Penang chief minister's office at Level 28 in Komtar.
He was charged under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009, which is punishable under Section 24(1) of the same Act.