KUALA LUMPUR (April 2): Sessions Court judge Azura Alwi cautioned the defence in Lim Guan Eng’s undersea tunnel graft trial for repeatedly questioning Datuk Zarul Ahmad Mohd Zulkifli on the same matter in the star witness' impeachment proceedings.

Lim’s counsel Haijan Omar appeared to be asking Zarul Ahmad, a former director of Consortium Zenith Construction Sdn Bhd, the same questions “using different words”, Azura flagged. Haijan was cross-examining Zarul Ahmad with co-counsel RSN Rayer.

“I want to give you all a warning. Do not twist this matter (RM2 million payment),” Azura said. “I already got the facts, but with these arguments and repetition, I am losing my concentration, which may result in me losing the facts.”

The defence, Azura said, may want Zarul Ahmad to testify in a certain way, leading to the repetition, but the judge warned that the move may backfire.

“If we continue like this, this [impeachment] proceeding may never end,” she said. “Mind you, you raised five discrepancies in Zarul Ahmad’s testimony, and we are still on the second discrepancy. If we continue like this, this trial will drag on.”

Key witness Datuk Zarul Ahmad Mohd Zulkifli.

The Sessions Court judge cautioned the defence following their repeated questions and exchanges with Zarul Ahmad over the RM2 million issue, where a Public Bank cash cheque was used to withdraw cash for the money to be paid to businessman G Gnanaraja.

“I have a responsibility to control my court, and I have to warn all parties about this,” she stressed.

The second discrepancy arose surrounding the question of whether RM2 million was part of a RM2.3 million loan that Consortium Zenith obtained from Vizione Construction Sdn Bhd director Datuk Ng Aun Hooi, who agreed to give the money to Gnanaraja.

Zarul Ahmad told the court that the source of the money used to pay the RM2 million was not an issue, as both he and Ng were directors of the same company. The defence, however, argued that Zarul Ahmad wanted to show that the transaction was for the sale of Lot 713 between Consortium Zenith and Zenith Urban Development Sdn Bhd following a land swap for the undersea tunnel project.

This, the defence said, was to implicate Lim, as the RM2 million was otherwise used to pay Gnanaraja to be given to Datuk Seri Najib Razak to halt the Malaysian Anti-Corruption Commission’s (MACC) probe into the undersea tunnel project, and to maintain close ties with Najib, who was the prime minister then.

Zarul Ahmad had contended in his testimony that the RM2 million was also a bribe payment to Lim, who was then the chief minister of Penang, for awarding the project to Consortium Zenith, while a different sum of RM2 million was allegedly paid to Najib via Gnanaraja.

In total, RM19 million was paid to Gnanaraja after Zenith Urban obtained a RM25 million loan.

The key witness, when asked by Haijan, agreed that the purported consulting services stated in Consortium Zenith's payment voucher to Gnanaraja were also to include part of the bribe money.

Witness agrees he rectified MACC statement

Under questioning from Tiara Katrina Fuad, another of Lim’s lawyers, Zarul Ahmad admitted that he rectified his statement with the MACC on Dec 9, 2020 that the Public Bank cheque was for Lim, while the cash of RM2 million retrieved from Zarul Ahmad’s safe was for Gnanaraja to be paid to Najib.

Zarul Ahmad also agreed with Tiara that he did not told Vizione’s Ng the purpose of the RM2.3 million loan was for payment to Lim.

Tiara: In actual truth, the money (from the RM2 million cash cheque) was for Gnanaraja to pay Najib?

Zarul Ahmad: I do not agree.

Tiara: I put it to you that you did not rectify the purpose of the meeting with Ng to seek the loan, in the statement you gave to the MACC on Dec 9?

Zarul Ahmad: I disagree.

Tiara: You gave a false testimony in the court in paragraphs 103 and 106 of your witness statement, where you said that the land sale of Lot 713 to Zenith Urban was done after Zenith Urban obtained the RM25 million loan, and then the payment of RM2 million was paid to Lim?

Zarul Ahmad: I do not agree.

The witness agreed that he rectified his MACC statement after another Consortium Zenith director testified in Gnanaraja’s trial in the Shah Alam Sessions court.

Gnanaraja was initially charged with cheating Consortium Zenith and Zarul, but pleaded guilty and fined RM230,000 under the Companies Act in the Shah Alam Sessions Court.

Lim, 62, the Member of Parliament for Bagan, is accused of using his position as the then Penang chief minister to solicit a 10% cut in the RM6.3 billion undersea tunnel project’s profits from Zarul Ahmad, in return for aiding the businessman’s company to secure the project.

Lim, who is also the DAP chairman, is accused of accepting RM3.3 million in kickbacks from Zarul Ahmad. The purported RM2 million paid on Aug 18, 2017 to Gnanaraja was said to be part of the RM3.3 million.

Lim also faces two counts of dishonest misappropriation of property in releasing two plots of state-owned land, cumulatively worth RM208.75 million, to Ewein Zenith Sdn Bhd and Zenith Urban — two property companies linked to the controversial undersea tunnel project.

The prosecution was led by Datuk Wan Shaharuddin Wan Ladin.

The hearing continues on Thursday, with Azura being asked by the prosecution led by Datuk Wan Shaharuddin Wan Ladin on whether there was a discrepancy in the third issue complained of by the defence in Zarul Ahmad’s testimony.