KUALA LUMPUR, June 5 — An investigating officer told the Sessions Court today that he was unaware that former Consortium Zenith Construction Sdn Bhd (CZCSB) director Datuk Zarul Ahmad Mohd Zulkifli had links to another construction company that participated in the open tender for the Penang undersea tunnel and three main roads project.

Malaysian Anti-Corruption Commission (MACC) Headquarters Investigation Division Senior Superintendent Zulhilmi Ramli said that besides Consortium Zenith Beijing Urban Construction Group (CZBUCG), VST Cemerlang Sdn Bhd had also submitted a bid for the mega project through the open tender process.

However, he said he was unsure whether Zarul Ahmad had planted VST Cemerlang as a bidder, and only knew that the businessman had links with CZBUCG.

The 38th prosecution witness said this during cross-examination by defence counsel Haijan Omar in the corruption trial of former Penang chief minister Lim Guan Eng involving the RM6.3 billion undersea tunnel and main roads project.

When asked by the lawyer whether his investigation showed that Zarul Ahmad had secretly placed VST Cemerlang in the bidding process, Zulhilmi replied that he was not sure.

Further questioned on whether he knew if Zarul Ahmad had any influence or interest in VST Cemerlang that enabled the company to participate in the tender, Zulhilmi answered: “I do not know.”

Haijan then suggested that the witness had never investigated the matter and was unaware of the reasons, basis and interests behind VST Cemerlang’s participation in the tender.

However, Zulhilmi disagreed and said his investigation was conducted based on the complaint lodged.

When the lawyer suggested that the matter had been overlooked during the investigation, Zulhilmi again maintained that he disagreed.

Earlier, in his witness statement, Zulhilmi said CZBUCG was the best company among the five bidders evaluated for the project.

According to him, CZBUCG scored 93 per cent compared with the nearest bidder, VST Cemerlang, which scored 77 per cent, resulting in CZBUCG being awarded the tender for the project.

Lim, 65, is charged with using his position as Penang chief minister to obtain gratification of RM3.3 million for himself by helping a company owned by Zarul Ahmad secure the RM6,341,383,702 Penang roads and undersea tunnel project at the Penang Chief Minister’s Office between January 2011 and August 2017.

For the second charge, the Bagan MP is accused of soliciting a bribe amounting to 10 per cent of the profits to be earned by Zarul Ahmad as an inducement for helping the businessman’s company secure the same project. The offence was allegedly committed near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City, here, between 12.30am and 2am in March 2011.

He also faces two charges of causing two plots of Penang government land worth RM208.8 million to be disposed of to a developer company linked to the undersea tunnel project. The offences were allegedly committed at the Penang State Land and Mines Office, Komtar, on Feb 17, 2015, and March 22, 2017.

The trial before Judge Azura Alwi continues on July 23. — Bernama

PUTRAJAYA, June 18 — The Court of Appeal here today reduced the general damages awarded to DAP adviser Lim Guan Eng from RM1.05 million to RM450,000 in a defamation suit filed against Tan Sri Muhyiddin Yassin relating to the revocation of tax exemption for Yayasan Albukhary.

A three-member panel comprising Datuk Azhahari Kamal Ramli, Datuk Ahmad Kamal Md Shahid and Datuk Seri Latifah Mohd Tahar made the ruling after allowing part of Muhyiddin’s appeal against the Kuala Lumpur High Court’s decision.

In the unanimous verdict, Justice Azhahari said after examining the three impugned statements dated March 9, 11, and 12, 2023, the High Court was correct in finding that the statements were defamatory and there was no reason to disturb this finding of fact.

“On the issue of quantum, having considered the pattern of events, and the evidence adduced at trial, we are of the opinion that the general damages awarded are manifestly high.

“Accordingly, this court awarded RM150,000 for each of the three statements leading to RM450,000. We therefore substitute the sum of RM1.05 million with RM450,000,” he said.

The panel also set aside the High Court’s decision in awarding RM150,000 for aggravated damages and RM150,000 for exemplary damages to Lim.

However, the court granted Lim’s cross appeal on interest and ordered that interest be paid at the rate of five per cent per annum from the date of judgment until full settlement.

The panel ordered Muhyiddin to pay RM5,000 in costs to Lim, while the former Penang chief minister was ordered to pay RM30,000 in costs to the former prime minister.

On March 27, 2023, Lim filed a lawsuit against Muhyiddin for allegedly making three defamatory Facebook statements on March 9, 11, and 12, 2023, involving him in the tax exemption issue.

Reports on the matter were subsequently published in several newspapers and news portals.

In November 2024, the High Court allowed Lim’s suit and ordered Muhyiddin to pay RM350,000 for each of the three statements leading to RM1.05 million in general damages, RM150,000 for aggravated damages and RM150,000 for exemplary damages. — Bernama