KUALA LUMPUR: A recorded statement of developer the late Datuk Ewe Swee Kheng (pic) with the Malaysian Anti-Corruption Commission (MACC) revealed that he met with Lim Guan Eng over suitable lands for him to develop.
The Sessions Court also heard that Ewe had promised to present the former Penang chief minister with several units of the project if he was successful in developing the land into his service apartments project.
The statement was read out by MACC officer Asst Supt Muhammad Nazree Mansor, the 15th prosecution witness who was recalled to the stand for further cross-examination on Wednesday (Feb 23).
On Nov 30, Judge Azura Alwi allowed Ewe's recorded statements to be accepted as prosecution exhibits in Lim’s corruption trial after the court was satisfied that the statements complied with the MACC Act.
The defence had earlier challenged the admissibility of Ewe’s statements, saying Asst Supt Muhammad Nazree, who recorded Ewe's statements, did not fully represent and record Ewe's statement in full.
Ewe, who was supposed to be one of the prosecution witnesses in the trial, fell from his condominium’s balcony at Jalan Kelawei in Penang in the early morning of Oct 5 last year.
Asst Supt Muhammad Nazree had earlier testified that he had recorded Ewe’s statement four times on July 3, 8 and 9 last year and on Aug 14 this year and admitted that he did not record his statements in full on Aug 14.
In the Aug 14 statement that was read out, Ewe said he could see many reclaimed lands on the Penang shore from his condominium unit at The Palazzo and envisioned having his City of Dreams service apartment project built on a plot of land.
He said he met Lim in 2011 over suitable lands for him to develop, which he said Lim told him about the state's undersea tunnel project.
According to Ewe’s statement, Lim told him that the project would be awarded to one Datuk Zarul Ahmad Mohd Zulkefli, who is the executive director of Consortium Zenith Construction Sdn Bhd (CZBUCG), and told him to meet with the latter so that a "land swap" could take place.
Zarul Ahmad is a key witness in the trial.
"Lim also told me that if my deal with Zarul (Ahmad) is successful, I would have control over the funds because CZBUCG had no such rights," the statement said.
Ewe also said he got to know Zarul Ahmad and one Datuk Lee Chee Hoe through one Foo Jee Hai and had brought Lee to a karaoke centre in Penang before, to ensure that CZBUCG would sell the land to his company.
When asked why his statement was different from what he told the MACC previously, Ewe said he felt compelled to tell the truth, as "he had kept too much secret about this" and "it will come a time when things get uncovered and affect my business."
Ewe also said he was not harassed by any party into making the statement.
During cross-examination, defence counsel Gobind Singh Deo had questioned if there were other statements taken with Ewe by the MACC, to which Asst Supt Muhammad Nazree said no.
When asked again, the officer said he had recorded four statements from Ewe, while his colleague took two others from Ewe.
When Asst Supt Muhammad Nazree was told to read out part of the three other statements he took from Ewe, Ewe said he did not give anything to Lim and former Penang exco member Datuk Lim Hock Seng in order to obtain the land deal.
Ewe also said both Lim, Hock Seng and their families did not receive any units from his City of Dreams project.
Gobind also questioned the authenticity of Ewe’s statement on Aug 14 which was handwritten by Asst Supt Muhammad Nazree, to which the latter replied that there was no computer in the interrogation room at that time.
When Gobind suggested that he was not alone in the interrogation room, Asst Supt Muhammad Nazree agreed and mentioned the names of several other officers who were present.
The hearing on Wednesday also called the 24th prosecution witness, Datuk Yeoh Lean Huat, who is former Penang Development Corporation's deputy general manager.
The trial continues on Thursday (March 24).
Lim, 62, is facing four corruption charges involving the proposed construction of an undersea tunnel and paired roads project in Penang.
For the first amended charge, Lim is charged with using his position as then Penang chief minister to corruptly receive RM3.3mil to help Zarul Ahmad’s company secure the project in Penang worth RM6,341,383,702.
The offence was allegedly committed between January 2011 and August 2017 at the Penang Chief Minister's Office.
For the second amended charge, Lim is accused of soliciting 10% profits from Zarul Ahmad to help the company get appointed for the same project.
Lim is charged with committing the offence near The Gardens Hotel, Lingkaran Syed Putra, Mid Valley City here, in March 2011, between 12.30am and 2am.
Lim is also charged with two counts of causing two lots of land worth RM208.8mil owned by the Penang state government to be disposed of by the developer linked to the undersea tunnel project.
The offences were allegedly committed at the Penang Land and Mines Office in Komtar on Feb 17, 2015, and March 22, 2017.