Lim’s graft, abuse of power case to proceed

> High Court rules Section 62 of MACC Act is constitutional and valid

GEORGE TOWN: The graft and abuse of power case of Penang Chief Minister Lim Guan Eng will proceed after the High Court here yesterday ruled that Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is constitutionally valid.

High Court Judge Datuk Hadhariah Syed Ismail said the law was valid and did not impede the process for a fair trial.

“After going through the Act, there is no reason for the court to say that it is unconstitutional. It is constitutional and valid,” she said and dismissed the application by Lim and businesswoman Phang Li Khoon, who were seeking to declare the Section unconstitutional.

Lim is facing graft and abuse of power charges over a bungalow he purchased from Phang, who was also charged with graft.

Hadhariah said that the particular Section does not state those being accused are not presumed innocent until proven guilty.

“The burden of proof continues to lie on the prosecution, there is no justification to deem the Section unconstitutional and does not contradict Articles 5 (1) and 8 (1) of the Federal Constitution,” she added.

She fixed March 20 for case management and ordered Lim and Phang to submit their documents in two weeks.

Outside the courtroom, Gobind Singh, who is defending Lim, said he will confer with his client on how to proceed.

He said they may appeal against the decision and will apply for a stay of trial if an appeal is filed.