The corruption trial in the High Court ruled today 3 May. Rofiah Mohamad (Judicial Commissioner) said this after dismissing their applicants to strike out corruption accusations against them.
Last year Lim, Chew, and Phang filed a case to the High Court to strike out the corruption charges against them involving a RM11.6 million foreign workers project.
They claimed that the prosecution was using the same evidence from the previous case that involved the purchase of Lim’s home in Jalan Pinhorn despite his discharge in 2018.
When passing the decision, Rofiah said that there was a major difference in the previous offence and the current charges. She also mentions that many different individuals are involved in this case even if they are not part of the earlier case.
Rofiah Statement
Then she said that the principle of double jeopardy didn’t apply in this case. “For this set of beehives to apply, the offence and facts must be same.”
And one finds the 25 witnesses in the previous unrelated criminal case against Lim where he was dismissed in 2028.
She also mentions that the attorney general has the discretion of instituting proceedings against the accused. “ To challenge that AG’s care is not absolute, a judicial review has to be filed instead of this application.”
RSN Rayer Statement
After that, outside the courtroom, Lim’s lawyer, RSN Rayer, would wait for the full grounds of judgement from the High Court before filing an appeal.
“We will definitely file an appeal against this decision.”
He said they applying for a stay of the corruption proceedings pending the appeal. Lim said that he and his wife continue to fight and clear their name.
In August 2020, Lim,64, was accused of abusing his power to acquire RM372,009 for his wife Betty Chew Gek Cheng at some point between August 19 2013 and March 3 2016 at the Penang chief minister’s office at Level 28 in Komtar.
He used to position as the Penang chief minister and Penang Development Corporation (PDC) Tender Board to get gratification for his wife Chew through Excel Property Management and Consultancy Sdn Bhd.
Lim and Phang both were charged under the Malaysian Anti-Corruption Commission Act 2009 while Betty Chew was charged under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001(AMLA).
Datuk V. Sithambaran addressed Phang while Syed Faisal Amir, Ashrof Adrin Kamarul and Shafiq Hasim were prosecuted.