Call for prosecution to file appeal
GEORGE TOWN: The prosecution team should appeal the Penang High Court’s decision to grant former Penang chief minister Lim Guan Eng and businesswoman Phang Li Koon full acquittal of their corruption charges, senior lawyers here said.
Lawyer Datuk Ranjit Singh Dhillon said the appeal should be filed immediately now that the Attorney-General’s Chambers (A-GC) had clari- fied that the prosecution had sought only a discharge not amounting to an acquittal for charges against both accused, but the court had instead freed them.
He said the A-GC must do the right thing to protect the integrity of the institution following the public backlash over the decision.
He said it was the right thing for Attorney-General Tommy Thomas to do to preserve his integrity as Pakatan Harapan-appointed attorney-general.
“The A-GC has clarified that the prosecution had only asked for a discharge not amounting to an acquittal under the provisions in Section 254(3) of the Criminal Procedure Code.
“It had not asked for a full acquittal.
“The judge, however, granted a full acquittal instead.
“As such, the prosecution should lodge an appeal to the court immediately.”
Ranjit said an even more compelling reason for the A-GC to appeal the decision was the fact that the then senior deputy public prosecutor Abdul Rashid Daud had said in his opening statement during the start of the trial that the prosecution would prove Lim had bought his Jalan Pinhorn bungalow from Phang at a price known to be below market rate, and that at the time the purchase was made, Lim had allowed an application by Phang’s company to change the status of a plot of land from agriculture land to housing land.
Lawyer Datuk Baljit Singh echoed calls for the prosecution to appeal the court decision to free both accused.
He said even the A-GC had pointed out that the prosecution applied only for a discharge not amounting to an acquittal, but the court had granted a full acquittal.
“Therefore, the only right thing to do is file an appeal against the decision immediately.”