KUALA LUMPUR: The Sessions Court today dismissed former Penang Chief Minister Lim Guan Eng's bid to initiate contempt proceedings against Wan Ahmad Fayhsal Wan Ahmad Kamal over social media comments on the Penang undersea tunnel trial.
Judge Azura Alwi declined the application, saying that while no one should comment on an ongoing case, the court would not initiate contempt proceedings.
"I do not intend to start any contempt of court proceedings because if I do entertain (the application), there are many contempt of court proceedings that the court has to do," she said.
Lim's lawyer, RSN Rayer, argued that Wan Ahmad Fayhsal commented on the trial without attending court, basing his remarks on reports.
"He was not in court and did not listen to the court proceedings. He issued the statement based on what was reported. Therefore, I request that contempt of court proceedings be initiated against Wan Ahmad Fayhsal," Rayer said.
The court also rejected the prosecution's request to summon Malaysian Anti-Corruption Commission (MACC) investigator Ng Weng Jun to challenge the credibility of witness Datuk Zarul Ahmad Mohd Zulkifli, a director at Consortium Zenith Construction.
"The court has examined and weighed all the written and oral arguments. The court is satisfied and decides that the prosecution's application to summon the investigating officer is dismissed.
"The court found that at this stage, Section 425 of the Criminal Procedure Code should not be used by the prosecution to call the witness," said judge Azura.
The court set Oct 23 to continue proceedings.
Last Oct 2, Zarul Ahma, 65, told the court that Lim would award him the project through direct negotiations if he could arrange a signing ceremony for a memorandum of understanding (MoU) between the state government and a company from China.
Lim faces charges of using his position as Penang chief minister to receive RM3.3 million in bribes for appointing Zarul's company to the RM6,341,383,702 undersea tunnel project.
He is also accused of seeking a 10 per cent profit cut from Zarul and disposing of state land worth RM208.8 million to companies linked to the project.
Lim also faces two charges of causing two lots of land owned by the Penang government worth RM208.8 million to be disposed of to companies allegedly linked to the undersea tunnel project.