Dr M also ‘shocked’ by Guan Eng’s graft acquittal

KUALA LUMPUR (Sept 4): Prime Minister Tun Dr Mahathir Mohamad, among others, is also shocked over the acquittal of Finance Minister Lim Guan Eng of corruption charges involving the purchase of a bungalow at below market value. The charges were brought against him by the Malaysian Anti-Corruption Commission (MACC) in 2016.

Dr Mahathir expressed the sentiment yesterday when asked by reporters to comment on a statement issued by the MACC earlier in the day, where the anti-graft agency stated it is “very shocked” by the acquittal. In its statement, the MACC also stressed the decision to withdraw the charge against the case was decided by the Attorney-General’s Chambers and not by the MACC.

In response, Dr Mahathir said: “The MACC has the right to be shocked. If they want to be shocked, then go ahead. I was shocked too,” he told reporters after an event held in Brunei.

“That is the decision of the court. I have never questioned the court’s decision. Even in the past, when a decision was wrong, I never questioned it. If it is a decision by the court, we have to accept [it]. If we don’t want to accept [it], we can appeal,” he added.

Earlier yesterday in Penang, High Court Judge Datuk Hadhariah Syed Ismail acquitted Guan Eng and businesswoman Phang Li Koon over alleged irregularities and elements of corruption involved in the purchase of the bungalow.

Hadhariah also decided the charges against them be dropped, despite the prosecution proposing only a discharge not amounting to an acquittal. In granting Guan Eng a full acquittal, Hadhariah said the criminal charge “cannot be hanging over the head of the accused indefinitely”.

The prosecution team was led by Datuk Masri Mohd Daud. Guan Eng was represented by lead counsel Ramkarpal Singh, and Phang by Datuk V Sithambaram.

On June 30, 2016, Guan Eng claimed trial to two charges of using his position as a public officer — he was then Penang chief minister — to gain gratification for himself and his wife, Betty Chew Gek Cheng. Phang, meanwhile, pleaded not guilty to conspiring with Guan Eng in the purchase of the bungalow.

Ramkarpal similarly expressed his “shock” yesterday concerning the case, although it was in response to MACC’s statement after the acquittal.

“I am shocked to have read a statement by the Malaysian Anti-Corruption Commission today [yesterday] that it is shocked that former Penang chief minister Lim Guan Eng was acquitted by the Penang High Court for two counts of corruption after the prosecution told the court that it wished to withdraw the said charges.

“It is ridiculous for the MACC to claim ignorance when the director of its own legal and prosecution division, Mohd Masri Daud, informed the court that he was withdrawing the charges. I was in court this morning with other counsel for both accused persons, and there was no hint of dissatisfaction from him or his team reflecting MACC’s said claim,” he said in a statement.

He added that MACC’s stance implied Mohd Masri is unaware of the attorney-general’s decision to withdraw the charges.

“There is nothing shocking about today’s [yesterday] acquittal, as no man should be left with a possible prosecution in future hanging over his head by the grant of an order of DNAA [discharge not amounting to an acquittal], especially when there is a clear indication that the prosecution wishes to withdraw that charge against him. This is elementary and MACC’s failure to understand this is most unfortunate.”

Meanwhile, former prime minister Datuk Seri Najib Razak, concerning the “shock” expressions that have been shown, quipped on Twitter: “Hari ini hari apa? Hari terkejut?” (What day is it today? A day of shocks?)This article first appeared in

This article first appeared in The Edge Financial Daily, on Sept 4, 2018.

For more stories, download EdgeProp.my pullout here for free.