KUALA LUMPUR: The sessions court hearing Lim Guan Eng’s undersea tunnel corruption trial will rule on April 5 whether the former Penang chief minister can obtain discovery of WhatsApp messages exchanged between two key prosecution witnesses.

Lim’s lawyers say the conversations between Zarul Ahmad Zulkifli and businessmen G Gnanaraja are necessary for his defence.

A forensic report on messages exchanged between the duo was tendered as evidence in a separate criminal case in the Shah Alam sessions court which saw Gnanaraja charged with allegedly cheating Zarul of RM19 million.

Judge Azura Alwi set the date for a decision after hearing submissions from both Lim’s counsel Gobind Singh Deo and the prosecution.

The defence contends that the conversations are relevant as Zarul is presently testifying for the prosecution, with Gnanaraja also expected to be called as a witness in the case.

Earlier today, deputy public prosecutor Ahmad Akram Gharib told the court that the defence was already in possession of the report, and that the discovery application was nothing more than a “fishing expedition”.

“They can ask about the contents (of the WhatsApp messages) when Zarul returns to court,” said Akram.

“We will also call Gnanaraja later,” he added.

Stop the personal attacks, Akram tells Gobind

Akram also pleaded with Gobind to stop his personal attacks against the prosecution team.

“He has attacked us personally many times. We are only doing our job as officers of the court.

“Let us conduct the case based on the facts and evidence,” he said, adding that the prosecution team members had no personal interest in Lim’s case.

Prosecution made witnesses to ‘lie’ in Lim’s trial, says Gobind

Meanwhile, Gobind claimed that the WhatsApp conversations between Gnanaraja and Zarul were crucial to the defence, adding that the messages will show Lim was never given RM2 million as alleged.

He branded the prosecution’s refusal to disclose the messages as akin to concealing evidence.

“The entire case has been a ‘fix up’ against (Lim). Two witnesses (Azli Adam and Ibrahim Sahari) have testified in Gnanaraja’s case where they said RM2 million was given to Gnanaraja.

The prosecution has kept quiet and concealed the messages from the court today, he claimed.

“Are they misleading the court?” Gobind asked.

Gobind also accused the prosecution of compelling witnesses to lie at Lim’s trial in an attempt to concoct a different story.

“It is shameful to get witnesses to lie,” Gobind said.

Lim is standing trial for using his position as the then Penang chief minister to ask Zarul for a 10% cut of the profits from the roads-and-tunnel project.

The former finance minister is also accused of seeking RM3.3 million in kickbacks to appoint Zarul’s company to undertake the project.

He also faces two counts of dishonestly misappropriating RM208.7 million worth of state land given to two companies.  FMT

THE MALAYSIAN INSIGHT / FREE MALAYSIA TODAY

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