KUALA LUMPUR (Oct 24): While former chief minister Lim Guan Eng is on trial related to graft over the Penang undersea tunnel, the focus of his trial on Thursday centred on former prime minister Datuk Seri Najib Razak.

This follows the key prosecution witness, former director of Zenith Construction Sdn Bhd Datuk Zarul Ahmad Mohd Zulkifli, being asked by Lim’s defence team about a conversation that took place between him (Zarul) and businessman G Gnanaraja between July 21, 2017, and Aug 16, 2017, where the terms “big boss” and “Boss” were used, and the witness agreed that it referred to Najib.

The conversation took place via text messages and WhatsApp call, according to the forensic report of the conversation shown to Zarul by defence counsels Haijan Omar and RSN Rayer, and Zarul was repeatedly asked the questions over such references.

The lawyers’ questions also got heated when they referred to [the offer of the services of a] “woman” in the supposed conversation between them (Zarul and Gnanaraja) about Najib, and this resulted in Zarul getting angry with that line of questioning, as he claimed he had made the comment in jest, but the the defence was bringing it up to tarnish him.

This prompted deputy public prosecutor Datuk Wan Shaharuddin Wan Laden, who led the prosecution, to also object to the questions posed by the defence on the grounds of relevance in the trial.

Wan Shaharuddin said this was a corruption trial and should not involve allegations of "khalwat" (close proximity).

"This is a corruption trial, not anything else," he said.

Prosecution witness, former director of Zenith Construction Sdn Bhd Datuk Zarul Ahmad Mohd Zulkifli (right)

Defence counsel Rayer replied that the prosecution was using this case as a “trial by media”, trying to show that Lim had asked for money and 10% of the payment.

To this, Sessions Court judge Azura Alwi said that what was raised, including the gratification and 10%, are relevant as this concerns a corruption trial, as the accused is charged under the Malaysian Anti-Corruption Commission 2009.

Azura added that she would expunge such references made by Rayer about trial by media and the allegations purportedly made in the referred conversation that are not relevant to the trial.

“This is a trial and not at the investigation stage. Parties should differentiate this,” the judge told both sides, wanting them to concentrate on the trial.

Defence explains

Rayer explained that the defence was asking the question to show the close relationship between Zarul and Gnanaraja, despite knowing each other in a short span of time.

He said that although they knew each other for a short time, they could talk on such topics.

The lawyer suggested that Gnanaraja had shown pictures of him (Gnanaraja) with Najib to denote that they were close.

This created an impression, Rayer said, that Gnanaraja was close to Najib, to which Zarul agreed.

The witness also agreed with Rayer that the closeness of his (Zarul’s) relationship with Gnanaraja was reflected in the messages exchanged between them.

Zarul also agreed with the defence suggestions that when he referred to “CM” or “KM” or “LGE” in the text conversation with Gnanaraja, it referred to the accused (Lim).

Prior to this, it was established that Gnanaraja was allegedly the go-to guy between Zarul, Lim, and also Najib.

It is the prosecution’s case that the RM2 million that was part of the RM4 million Zarul had handed to Gnanaraja was for Lim, while the defence claims that only RM2 million was handed over by that witness and it was given to Najib.

This was in reference to the term “chocolates” used in the conversation between Gnanaraja and Zarul, and “big boss” on April 17, 2017, which the defence believes refers to Najib.

The Bagan Member of Parliament and Ayer Putih assemblyman is on trial for 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, in return for aiding the businessman’s company to secure the project.

Lim, who is also DAP chairman and a former finance minister, is also accused of accepting RM3.3 million in kickbacks. A purported RM2 million paid on Aug 18, 2017, via businessman G Gnanaraja, is said to be part of the RM3.3 million.

Lim, 63, 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 trial before Azura continues on Nov 15, as Friday’s trial has been vacated.