New Straits Times

BALL IS NOW IN A-G’S COURT

DATUK Masri Mohd Daud says it is up to his boss, Tommy Thomas, to file an appeal against the High Court's decision to acquit Finance Minister Lim Guan Eng and businesswo­man Phang Li Koon of charges of abuse of power.

- » REPORTS BY TASNIM LOKMAN & AHMAD FAIRUZ OTHMAN

‘TOMMY THOMAS HAD NO HAND IN THE DECISION, HE RECUSED HIMSELF’

PAS CALLS FOR WHITE PAPER OVER JUSTIFICAT­ION TO DROP CHARGES

TRANSPAREN­CY: A-GC SHOULD HAVE CONTINUED AND LET COURT DECIDE

THE power is in the attorney-general’s (A-G) hands whether his chambers will appeal against the High Court’s acquittal of Finance Minister Lim Guan Eng in his corruption case.

This was the view of the deputy public prosecutor in the case, who said it was up to A-G Tommy Thomas to file the appeal.

This turn of events occurred after the Malaysian Anti-Corruption Commission (MACC) expressed shock over the acquittal of Lim and businesswo­man Phang Li Koon from charges of abuse of power.

Deputy public prosecutor Datuk Masri Mohd Daud, who led the prosecutio­n team on Monday, said despite many views surroundin­g the issue, it was the prerogativ­e of Thomas to decide if he wanted to pursue the case.

He said he did not know if Thomas would file the appeal.

Asked if it was up to the A-G to appeal against the High Court’s decision, Masri said: “Yes. It’s up to my boss... Only my boss can answer (that question).

“I have no idea whether (he will) appeal or not,” Masri told the New Straits Times.

Based on the Criminal Procedure Code, an appeal against a court decision like this must be submitted within 14 days.

The procedure, as stated under the Criminal Procedure Code, is that any person who is dissatisfi­ed with a judgment, sentence or order pronounced by a court in a criminal case or matter can appeal within 14 days of the time of the judgment, sentence or order being passed.

On Monday, the Penang High Court granted Lim and Phang a discharge amounting to an acquittal in the case, which sent shockwaves across both sides of the political divide and many people in the legal fraternity.

The decision came after an applicatio­n was made by the deputy public prosecutor, following a representa­tion sent by the defence to the attorney-general, to withdraw the case.

However, the deputy public prosecutio­n applied for a discharge not amounting to an acquittal in court on Monday.

Lim’s and Phang’s counsel had requested a full acquittal.

Judge Datuk Hadhariah Syed Ismail, in her judgment on Monday, agreed with the counsel that the charges “cannot be hanging over the head of the accused indefinite­ly”.

She told the court: “I cannot agree with the prosecutio­n. We do not conduct cases on an instalment basis. There must be a stop. No comma, comma.

“So, after studying the whole case, and the long duration to get the decision, the court orders both accused to be discharged amounting to an acquittal.”

MACC was the first to express shock with the judgment and maintained that the decision to withdraw the case was made by the Attorney-General’s Chambers, not the commission.

Prime Minister Tun Dr Mahathir Mohamad also expressed surprise, but urged everyone to respect the court’s decision. He said those who could not accept the court’s decision could file an appeal.

On June 30, 2016, Lim claimed trial to using his position as a public officer, as then Penang chief minister, to gain gratificat­ion for himself and his wife, Betty Chew Gek Cheng.

He was accused of doing so by approving the applicatio­n for conversion of agricultur­e land to a public housing zone to a company, Magnificen­t Emblem Sdn Bhd.

He was charged with committing the offence while chairing the State Planning Committee meeting at the operations room, Level 28, Komtar, George Town, on July 18, 2014.

The charge, under Section 23 of the MACC Act 2009, provides for up to 20 years’ jail and a fine of up to five times the sum or value of the bribe, or RM10,000, whichever is higher.

In the second charge, Lim also claimed trial to using his position to obtain a plot of land and a house in No. 25, Jalan Pinhorn, George Town, from Phang for RM2.8 million, a price which he allegedly knew did not commensura­te with the property’s then market value of RM4.27 million.

The offence was allegedly committed in No. 25, Jalan Pinhorn, George Town, on Oct 21, 2015.

The charge, under Section 165 of the Penal Code, provides for up to two years’ jail, or a fine, or both.

Phang was charged with abetting Lim in obtaining the bungalow at an undervalue­d cost at the same place and date.

She was charged under Section 109 of the Penal Code, read together with Section 165 of the same law, which provides for up

to two years’ jail, or a fine, or both, upon conviction.

Lim’s and Phang’s trial began on March 26 and was postponed pending the 14th General Election.

A total of 25 witnesses were called and the case was last heard in March.

 ??  ?? Deputy Public Prosecutor Datuk Masri Mohd Daud
Deputy Public Prosecutor Datuk Masri Mohd Daud
 ?? PIC BY MIKAIL ONG ?? Finance Minister Lim Guan Eng (front row, second from left) cheering at the Penang High Court in George Town on Monday.
PIC BY MIKAIL ONG Finance Minister Lim Guan Eng (front row, second from left) cheering at the Penang High Court in George Town on Monday.

Newspapers in English

Newspapers from Malaysia