Penang: 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 follows the decision by a three-member panel of the Court of Appeal judges, led by Datuk Azman Abdullah, along with Datuk Noorin Badaruddin and Datuk Mohd Radzi Abdul Hamid, to dismiss the application filed by Lim, Chew, and Phang to quash the charges.
According to BERNAMA News Agency, on May 3, 2024, the Penang High Court dismissed their application to strike out the charges. The court ruled that the doctrine of autrefois acquit, or the rule against double jeopardy, did not apply as the requirement was not met. The trio had filed the application on May 26, 2023, arguing that the prosecution had improperly used evidence from a previous case involving Lim's purchase of a bungalow on Jalan Pinhorn, for which he was acquitted in 2018.
The charges allege that Lim, in his capacity as Penang chief minister and chairman of the Penang Development Corporation tender board, used his position to receive a bribe of RM372,009 for his wife through Excel Property Management and Consultancy Sdn Bhd. He is accused of ensuring that Magnificent Emblem Sdn Bhd was awarded the project valued at RM11,610,000, in which Chew had an indirect interest. Lim, who is Bagan MP, allegedly committed the offence from August 19, 2013, to March 3, 2016, at the Chief Minister's Office in George Town, Penang.
The charges are 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 is charged with conspiring to commit the offence with Lim, while Chew faces three money laundering charges for allegedly receiving RM372,009 into her Public Bank Berhad account from Excel Property Management and Consultancy Sdn Bhd.
Chew is accused of committing the offences between October 7, 2013, and August 4, 2014; September 3, 2014, and August 11, 2015; and September 4, 2015, and March 3, 2016, at Public Bank Berhad in Melaka. The charges are framed under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001, punishable by a fine not exceeding RM5 million or imprisonment of up to five years, or both, upon conviction.
Justice Noorin highlighted that the charges in this case were distinct from the bungalow case, with different factual allegations and transactions involved. She noted that while there may be some overlap in the MACC investigations conducted in 2016, this does not equate to identity of offences. The prohibition is against a second trial of the same offence, not against a second trial from the same investigation.
Justice Noorin emphasized that Lim's acquittal and discharge in the earlier case did not constitute a judicial determination on the workers' hostel project or related financial transactions. The withdrawal of the bungalow case did not preclude future prosecution for different offences supported by different evidence.
The court acknowledged the appellants' concerns about fairness, considering the lengthy criminal trial Lim had faced before the current charges. The court warned against successive prosecutions arising from the same investigation, which could create perceptions of repeated litigation. However, these concerns did not constitute a legal impediment under Article 7(2) of the Federal Constitution or the doctrine of double jeopardy as per Section 302 of the Criminal Procedure Code.
The court dismissed the appeal and upheld the High Court's decision, rejecting reliance on the doctrines of issue estoppel and res judicata. Deputy public prosecutor Ashrof Adrin Kamarul stated that case management is set for July 3 at the Penang High Court. At the proceedings, Datuk Seri V. Sithambaram represented Phang, while counsel RSN Rayer represented Lim and Chew.