Trader’s appeal against Guan Eng’s acquittal moved to next year

PUTRAJAYA: The Court of Appeal has fixed Feb 27 next year to hear an appeal by an online business trader for a review of former Penang chief minister Lim Guan Eng and businesswoman Phang Li Koon’s acquittal of corruption charges.

Lawyer RSN Rayer, representing Lim, said today’s hearing date was vacated as Muhsin Abdul Latheef’s counsel J Gunamalar had asked for a postponement on medical grounds.

“Gunamalar had to attend to a medical procedure today and the court allowed the adjournment,” he told FMT after case management before deputy registrar Dharmafikri Abu Adam.

Deputy public prosecutor Zaki Ashraf Zubir appeared for the public prosecutor while A Rueban Kumar appeared for Phang.

On Oct 12 last year, the High Court in Penang ruled that Muhsin had no locus standi to apply for a review of the acquittal.

Judge Hadhariah Syed Ismail said Muhsin, also known as Mamu Parpu, had no right to ask for the acquittal to be reviewed, set aside or amended to a discharge not amounting to an acquittal as he was not part of the proceedings.

The judge said she had decided to acquit Lim and Phang after listening to all sides. This means the prosecution cannot reinstate the same charges against them.

Prosecutors initially applied to Hadhariah for a discharge not amounting to an acquittal, but Lim and Phang’s lawyers argued that their clients were entitled to an acquittal as the prosecution was no longer offering new witnesses.

They also wrote to the public prosecutor asking for the charges to be dropped, saying they were not sustainable.

Muhsin filed the revision on Sept 19, asking Hadhariah to review her Sept 3 ruling to free the two from the charges filed in 2016.

​He was the Malaysian Anti-Corruption Commission’s first prosecution witness in the graft trial.

Lim was charged with abusing his position as chief minister by approving a land deal as well as purchasing a bungalow at below market price from Phang.

He was also accused of failing to declare his relationship and interest in a state planning committee meeting where he approved the rezoning application of two pieces of land from agricultural to public housing by MESB, where Phang is a director.

Phang was charged with abetting Lim in his purchase of the house in Pinhorn Road from her for RM2.8 million.