Guan Eng files bid to declare Sec 62 of MACC Act ‘unconstitutional’

Jan 6, 2017


Lim Guan Eng

Penang Chief Minister Lim Guan Eng will file a motion today to declare Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act as “unconstitutional”.

His lawyer Gobind Singh Deo said the section contradicted an accused’s right to remain silent.

It states that the defence’s statement and documents to be tendered as evidence must be delivered before commencement of the trial.

Section 62 deals with delivery of the defence’s statement.

Businesswoman Phang Li Koon, who is charged with abetment, filed a similar motion on Wednesday.

DPP Masri Mohd Daud informed the court that the prosecution had received the documents pertaining to the motion filed by Phang.

High Court Justice Hadhariah Syed Ismail fixed Feb 7 to hear the two motions.

Some 60 prosecution witnesses are expected to be called to testify during Lim’s 34-day corruption trial between March and July.

Lim is charged with obtaining gratification for himself and his wife Betty Chew by approving the conversion of two lots of agricultural land belonging to Magnificent Emblem into residential development while chairing a state Planning Committee meeting on July 18, 2014.

The offence under Section 23 of the MACC Act carries a jail term of up to 20 years and a fine of at least five times the value of gratification or RM10,000, whichever is higher.

He faces another charge under Section 165 of the Penal Code of using his position to obtain gratification by purchasing his bungalow in Pinhorn Road from Phang at RM2.8mil, which was below the market value of RM4.27mil, on July 28, 2015.

The offence is punishable by a maximum of two years in jail or a fine, or both.

Phang who is charged with abetment, faces up to two years in jail or a fine, or both.