Former Penang chief minister Lim Guan Eng, his wife Betty Chew, and businesswoman Phang Li Koon have failed in their application to strike out corruption and money laundering charges involving an RM11.6 million foreign workers’ hostel project.
A three-member Court of Appeal panel led by Datuk Azman Abdullah dismissed the application on 24 JUNE, ruling the case will proceed to trial at the Penang High Court.
The panel, which included Datuk Noorin Badaruddin and Datuk Mohd Radzi Abdul Hamid, upheld the Penang High Court’s decision from 3 MAY 2024 to dismiss the same application.
The defence had argued the charges amounted to double jeopardy, citing Lim’s acquittal in 2018 over his purchase of a bungalow on Jalan Pinhorn. Justice Noorin, delivering the court’s decision, said the charges were distinct in law and fact from the bungalow case.
“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,” she said. “The constitutional prohibition is directed against a second trial of the same offence, not against a second trial arising from the same investigation.”
Lim, who is Bagan MP, is accused of using his position as Penang chief minister to receive a RM372,009 bribe for his wife through Excel Property Management and Consultancy Sdn Bhd. The charge alleges he ensured Magnificent Emblem Sdn Bhd was awarded the tender for a workers’ settlement project in Seberang Perai Tengah and Seberang Perai Selatan, valued at RM11,610,000.
The alleged offence took place between 19 AUG 2013 and 3 MARCH 2016 at the Chief Minister’s Office on Level 28 of Komtar in George Town.
Phang was charged with conspiring to commit the offence with Lim at the same place and date. Chew faces three money laundering charges for allegedly receiving RM372,009 from Excel Property Management into her Public Bank account.
The corruption charge is framed under Section 23(1) of the MACC Act 2009, which carries a maximum 20-year prison sentence and a fine of not less than five times the value of the gratification or RM10,000, whichever is higher.
Source: Bernama
