KUALA LUMPUR (April 4): Datuk Zarul Ahmad Mohd Zulkifli told the Sessions Court on Thursday, that he did not mention Lim Guan Eng’s name in his statement earlier on businessman G Gnanaraja’s case, as there was a special investigation in the former Penang chief minister’s case.

Replying to questions from Lim’s counsel Haijan Omar, after Sessions Court judge Azura Alwi allowed the impeachment proceedings on the third point of contradiction in Zarul Ahmad’s testimony, the key witness agreed that he was asked by the Malaysian Anti-Corruption Commission (MACC) investigating officer (IO) to differentiate between Gnanaraja and Lim’s case.

“This follows that there was a special investigation on Lim’s case,” he added.

When asked by Haijan, Zarul Ahmad revealed that the MACC IO who told him this was one Saiful Amin Hamzah.

Zarul Ahmad denied lying to the MACC in giving his statement in 2018, and said he gave a full revelation but as the first case was against Gnanaraja, it was focused on that as there was a separate special investigation on Lim.

Lim’s counsel Haijan Omar.

In the proceedings, Zarul Ahmad disagreed with the suggestion by Lim’s counsel that the statement he gave to the MACC in 2018 (without incriminating Lim) was the truth and it was only that.

Haijan: I put it to you that your testimony on the alleged involvement of Lim in this case is considered as an afterthought?

Zarul Ahmad: I do not agree.

Haijan: That is why there is no statement with the MACC in 2018 that you gave on Lim?

Zarul Ahmad: I disagree.

Haijan: I put it to you that your evidence over a discussion to use special-purpose vehicle company Bumi Muhibah Sdn Bhd to pay the sum to Lim is not true?

Zarul Ahmad: I do not agree.

Zarul Ahmad said he gave the statement in 2018 specifically focused on Gnanaraja’s cheating case then which was heard in Shah Alam.

Gnanaraja was initially charged with cheating Zarul Ahmad and his company Consortium Zenith Construction Sdn Bhd but later was only fined RM230,000 after admitting to an offence under the Companies Act.

'Gnanaraja is Lim’s intermediary'

Zarul Ahmad said that Gnanaraja had suggested that bribe money be paid in order to keep a warm relationship with then prime minister Datuk Seri Najib Razak, in view of the coming 14th general elections.

However, the witness disagreed with Lim’s counsel that there was no RM4 million paid to Gnanaraja.

Prior to this Zarul Ahmad claimed that RM2 million was allegedly paid to Najib and another RM2 million to Lim via Gnanaraja.

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.

Zarul Ahmad denied suggestions made by Haijan that Gnanaraja was not an intermediary to Lim.

Haijan: Gnanaraja is not an intermediary to Lim, as you had suggested?

Zarul Ahmad: I disagree.

Haijan: This follows in the 2018 statement you gave to the MACC, there is no mention of the undersea tunnel project?

Zarul Ahmad: Yes.

Haijan: Hence, I put it to you that Lim is not involved in this bribery case as you alleged from the statement you gave to the MACC in 2018.

Zarul Ahmad: I disagree.

The key witness had given a separate statement to the MACC in January 2019, detailing the purported bribe of RM2 million which forms the basis to this case.

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 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.

He 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 Development — two property companies linked to the controversial undersea tunnel project.

The hearing continues before Azura continues on May 2.