‘Lim can make representations’

participate in the decision-making process in any matter where he was conflicted.

Varughese said he believed any decision on the case, coming from the A-GC’s, would come from the solicitor-general.

He said if there was sufficient evidence to prove the charges, the prosecution should proceed with the trial.

He added that the fact Lim, who is DAP secretary-general, was in the cabinet, should never be given as a reason for the charges to be dropped.

“The fact that YB (Lim) is part of the cabinet cannot be a reason for the charges to be dropped.”

Varughese, however, said Lim was entitled to make representations to the A-G at any stage before the conclusion of the trial for the withdrawal of a charge or reduction of a charge, if there were sufficient reasons to do so.

“In the event the charges are withdrawn, the solicitor-general should explain and give reasons why the charges are being withdrawn after having proceeded with the trial in the first place.”

Another legal expert said the accused could appeal to the A-G for his case to be dropped if he could argue and prove in his representation that it was a case of political persecution or malice or conspiracy, that the case was weak, or that the witnesses were not credible.

“If A-GC feels that there are loopholes in the MACC investigation, it can recommend to the court for a discharge not amounting to an acquittal and ask the commission to revisit the case, not withdraw it entirely, where Lim could not be charged again for the alleged offences.

“There must be political will to allow such agencies (like MACC) to carry out their duty. Just let the case take its course. There should not be any suggestions of political manoeuvring.

“Under the previous Barisan Nasional government, MACC recommended that charges be brought in the SRC International and RM2.6 billion cases, but it was rejected by the previous A-G.

“But under the new administration, the cases have been reopened,” the expert said, adding that like other accused, Lim should be given his day in court.

Another expert said before PH took over, it promised that there would be independence and transparency in its administration.

“It should not repeat the mistakes of the previous government.

“The former A-G withdrew the SRC International and RM2.6 billion cases without giving so much as wiggle room for MACC to do further probing. If the current AG thinks Lim’s case should be dropped, he should at least give some room for the MACC to manoeuvre,” he said.

Former A-G Tan Sri Mohamed Apandi Ali, who led the prosecution team when Lim and his alleged accomplice, businesswoman Phang Li Koon, were charged, urged A-GC to continue with the case.

He said court proceedings were almost at the end, with more than 70 per cent of witnesses called to testify.

He said based on MACC investigation papers, the commission had recommended that Lim be charged, right from the start.

He added that Lim’s case was similar to that of former Selangor menteri besar Dr Mohamad Khir Toyo, who was convicted of using his post as menteri besar to acquire properties — two plots of land and a house in Section 7, Shah Alam — worth RM6.5 million, for RM3.5 million from Ditamas Sdn Bhd through its director, Shamsuddin Hayroni.

He said in Lim’s case, over 30 witnesses had been called. It was reported that 54 prosecution witnesses were expected to testify.

“This is at the tail end of the prosecution’s case. It is better to let the court decide. The normal practice would be to let the court decide, but the decision is with the A-G.”

Lim is also charged with gaining gratification for himself and his wife, Betty Chew Gek Cheng, by approving an application by a company for the conversion of an agricultural land to a public housing zone in Balik Pulau.

Lim had said the trial and the allegations against him were politically motivated.

“All allegations (made against me) are political attacks by the previous government.

“Let the process run its course,” he was quoted as saying recently.

The Penang High Court had set 23 days of trial for the corruption and abetment case involving Lim and Phang.

On May 21, the court adjourned Lim’s hearing over the RM2.8 million bungalow deal to tomorrow.

Judge Hadhariah Syed Ismail approved the application made by Lim’s counsel Ramkarpal Singh, who told the court that the defence was seeking an adjournment as Lim would be sworn in as finance minister at Istana Negara and could not be present in court then.