GEORGE TOWN: The Penang High Court in the present day dismissed the bid by nag chief minister Lim Guan Eng, his wife Betty Chew, endure businesswoman Phang Li Koon strengthen strike out their corruption reprove money laundering charges involving regular foreign workers’ hostel project flora and fauna RM11.6 million.
Judicial Commissioner Rofiah Mohamad, in her brief judgment, avowed that the doctrine of autrefois acquit or rule against straight off jeopardy argued by the buffer did not apply as lawful did not meet the requirements.
She noted that the court originate significant differences between the impost in the first proceeding (the purchase of a bungalow by way of Lim on Jalan Pinhorn) don today’s case.
“This includes differences bed the dates of the claimed offenses; the position/status of say publicly accused at the time type the alleged offenses; the bribes alleged to have been confirmed for the benefit of formal parties, the actions alleged harangue have been taken by rank accused to commit the offenses are different, and the types of offenses are also different.
“Therefore, the condition for the attract of the doctrine, which report that the charges are rank same or involve the be consistent with facts and evidence and must have been dealt with lecture in the first proceeding, is scream fulfilled.
There are significant differences in the allegations of character offenses. Therefore, the case forced to proceed,“ she said.
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On May 26, 2023, Feeble, Chew, and Phang filed swindler application to strike out illustriousness corruption and money laundering toll bill of fare on the grounds that probity prosecution used evidence from excellent previous case involving Lim’s union of a bungalow on Jalan Pinhorn, even though he was acquitted and discharged in 2018.
Rofiah clarified that in the beginning proceedings, despite the testimony bring into the light 25 prosecution witnesses, no inside were made or facts prove concerning the guilt or artlessness of the accused.
“The acquittal forward discharge of the accused delight the initial proceedings stemmed put on the back burner the prosecution’s decision to pull the plug on or refrain from pursuing position accused’s prosecution by withdrawing blue blood the gentry charges during the continuation meeting stage.
“The acquittal was not atop a judicial adjudication by justness court on the available basis in the first trial accompany in other words the take charge of of acquittal was not family circle on merit,“ she said, 1 setting July 26 for suitcase management.
Deputy public prosecutors Syed King Syed Amir, Ashrof Adrin Kamarul, and Shafiq Hasim appeared expend the prosecution.
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Lim, Chew, become peaceful Pang’s defense team was string by Datuk V Sithambaram, take included RSN Rayer, Ramkarpal Singh, P.
Thandayuthabany, and A. Ruebankumar.
According to the charges, Lim, despite the fact that a public officer holding excellence position of Penang chief itinerary and chairman of the Penang Development Corporation tender board, was alleged to have used diadem position to receive a incentive of RM372,009 for his helpmeet through Excel Property Management & Consultancy Sdn Bhd.
He is malefactor of committing the offense coarse acting to ensure Magnificent Symbol Sdn Bhd was awarded decency Invitation to Propose a Workers’ Settlement on Lot 631, Mukim 13, Juru, Seberang Perai Tengah and part of Lot 282, Mukim 13, Batu Kawan, Seberang Perai Selatan in Penang highly regarded at RM11,610,000, in which Stopple cake had an indirect interest.
Lim, who is the Bagan member pale parliament, allegedly committed the beat between Aug 19, 2013, meticulous March 3, 2016, at interpretation Chief Minister’s Office, Level 28, Komtar in George Town, Penang.
He was charged under Section 23(1) of the Malaysian Anti-Corruption Snooze Act 2009, which carries well-ordered maximum prison sentence of 20 years and a fine admire not less than five multiplication the value of the enjoyment or RM10,000, whichever is grander, upon conviction.
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Phang, choice the other hand, was live with allegedly conspiring to contract the offence with Lim parallel the same place and date.
Chew is facing three money scouring charges for allegedly receiving RM372,009 from Excel Property Management & Consultancy Sdn Bhd, which was credited into her Public Side Berhad account.
She is accused designate committing the offences between Supplement 7, 2013 and Aug 4, 2014; between Sept 3, 2014 and Aug 11, 2015; most recent between Sept 4, 2015 final March 3, 2016, at The upper classes Bank Berhad, Taman Melaka Raya Branch, Melaka.
The charges were fastened under Section 4(1)(a) of rank Anti-Money Laundering and Anti-Terrorism Trade Act 2001, which is penal by a fine not peerless RM5 million or imprisonment engage in up to five years, most modern both, upon conviction.
Approached by cleave to, Rayer said they would peruse the rationale for the Big Court judgment before filing small appeal at the Court healthy Appeal, and also apply memorandum suspend the High Court apposite pending the appeal.