KUALA LUMPUR: A key prosecution witness in the Penang undersea tunnel project trial said he was compelled to tell the truth after being presented with extensive evidence and new documents by graft investigators.
The witness said this was despite initially intending to exonerate former Penang chief minister Lim Guan Eng.
Consortium Zenith Construction Sdn Bhd (CZCSB) former director Datuk Zarul Ahmad Mohd Zulkifli admitted he could not deny the events, even though his testimony might damage Lim’s reputation.
“In this case, I didn’t want to involve Lim Guan Eng in anything or any investigation,” he told the Sessions Court on Tuesday (May 27).
He said the Malaysian Anti-Corruption Commission (MACC) presented substantial evidence from previous witnesses and documents he had never seen before, compelling him to testify truthfully.
Zarul Ahmad previously testified that he felt indebted to Lim for awarding his company the project and had tried to shield Lim from investigation by bribing a businessman to halt MACC investigations.
He also admitted to forging payments through his staff to conceal bribes made to Lim.
“It was a measure to protect Lim and ensure there’s no financial trail leading to him,” he said when re-examined by Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin.
Zarul Ahmad was questioned about discrepancies in his statements regarding payments made to influence investigations.
Wan Shaharuddin asked about earlier cross-examination statements where Zarul said he paid money to protect Lim Guan Eng, while during impeachment proceedings, he said he paid RM19mil to close an investigation against him.
This investigation was being conducted in connection to offences under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLA)
Zarul Ahmad explained that the two were related as an AMLA investigation could lead to Lim, and he aimed to prevent that by paying to avoid a case.
He then added that Lim was aware of his efforts – including payments – after he met with Lim about businessman G. Gnanaraja.
Zarul clarified that he paid RM19mil to Gnanaraja, introduced to him by former minister Datuk Seri Nazri Aziz and said to be close to then Prime Minister Datuk Seri Najib Razak, to close the MACC investigation, not RM22mil as previously stated.
He admitted his actions were driven by a desire to protect Lim, insisting he did not lie.
Zarul Ahmad was then released from court, ending his testimony.
MACC investigating officer Ng Heng Jun, who handled a previous case involving Zarul and Gnanaraja in Shah Alam, testified as the 36th prosecution witness.
In the 2019 Shah Alam case, Zarul sued Gnanaraja for cheating him of RM19mil to induce dropping money laundering charges. Gnanaraja pleaded guilty to an alternative charge under the Companies Act and was fined RM230,000, while the cheating case was classified as “no further action (NFA)”.
A 108-page statement by Zarul to the MACC for the Shah Alam case was used in this court to impeach Zarul’s credibility due to conflicting statements involving Gnanaraja.
Lim, 64, faces an amended charge of using his position as Penang chief minister to solicit RM3.3mil in bribes to help Zarul secure the undersea tunnel project worth RM6.34bil.
Lim allegedly committed the offence at the Penang Chief Minister’s Office, Level 28, Komtar, George Town, between January 2011 and August 2017.
In a second amended charge, Lim is accused of soliciting a 10% profit from the company as gratification to secure the project.
The offence was allegedly committed near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City, in March 2011.
Lim faces two further charges of causing two plots of land worth RM208.8mil, belonging to the Penang government, to be disposed of to two companies linked to the project.
The trial before Judge Azura Alwi continues on June 24.
