Complainant in Guan Eng’s corruption case seeks review of acquittal

(FMT) – The Facebook marketer who first lodged a report with anti-graft authorities over former Penang chief minister Lim Guan Eng’s purchase of a bungalow at allegedly below market price has filed for a review of the High Court’s decision to cease prosecuting him and businesswoman Phang Li Koon.

According to the New Straits Times, Muhsin Abdul Latheef, who lodged the report in March 2016, filed the review at the High Court in Penang earlier this week.

The paper cited court documents in which Muhsin sought an order from the High Court to replace the acquittal with a discharge not amounting to an acquittal.

Muhsin claimed the prosecution’s request to halt the trial was invalid as Lim had a close relationship with Attorney-General Tommy Thomas, thus resulting in a conflict of interest.

On Sept 3, the High Court acquitted both Lim and Phang of corruption following the prosecution’s decision to drop the charges against them.

Deputy public prosecutor Masri Mohd Daud, who decided to drop the charges after receiving representations from the accused, asked the court to consider a discharge not amounting to acquittal for the two.

However, the defendants’ lawyers objected to this, saying it was not right for the public prosecutor to leave a cloud hanging over their heads as they might be charged again in the future.

The judge concurred with the defendants’ lawyers, saying the court had already heard the testimony of 25 witnesses and could not afford another round of witness testimonies if a fresh charge was filed against the defendants.

Lim was charged in June 2016 with using his public office or position as Penang chief minister to obtain gratification for himself and his wife, Betty Chew, by approving an application by Magnificent Emblem to convert agricultural land for residential purposes during a state exco meeting on July 18, 2014.

He was also charged under Section 165 of the Penal Code with using his position to obtain gratification by purchasing a bungalow from Phang at RM2.8 million, which was below the property’s market value of RM4.7 million at that time.

Phang was charged under Section 109 of the Penal Code with abetting Lim on July 28, 2015 after buying the former’s bungalow at Pinhorn Road.

She was accused of committing an offence under Section 165 of the Penal Code by using Lim’s position for gratification.