Court of Appeal rejected trio’s bid to strike out charges.
Former Penang chief minister Lim Guan Eng, his wife Betty Chew, and businessperson Phang Li Koon will face trial on corruption charges linked to a RM11.6 million migrant workers’ hostel project after the Court of Appeal unanimously dismissed their appeal.
The three-judge panel, led by Justice Azman Abdullah, rejected the trio’s bid to strike out the charges on grounds of double jeopardy. The court ruled that the current case was distinct in law and facts from Lim’s 2018 acquittal in a separate bungalow purchase case.
“The constitutional prohibition is directed against a second trial of the same offence, not against a second trial arising from the same investigation,” Justice Noorin Badaruddin said when reading the panel’s decision. “As the present charges were neither identical in law nor fact to those in the earlier proceedings, the pleas of ‘autrefois acquit’ (previously acquitted) and ‘autrefois convict’ (previously convicted) could not succeed.”
Justice Radzi Abdul Hamid also sat on the panel. The judges dismissed arguments based on estoppel and res judicata, noting that the previous acquittal did not involve a judicial determination on issues related to the workers’ hostels. They also rejected reliance on explanations given by the prosecution in the earlier case, stating these did not bar future proceedings on different offences with different evidence.
The court cautioned against splitting the same investigation into multiple prosecutions, which could create the perception of repeated litigation against an accused. However, it emphasised that trying the same person twice for the same offence is permissible in certain circumstances under Article 7(2) of the Federal Constitution and Section 302 of the Criminal Procedure Code.
The panel has fixed July 3 for case management at the Georgetown High Court in Penang. Lim’s lawyer, RSN Rayer, confirmed that the defence will file a notice of appeal against the decision.
Lim was charged on 11 August 2020 as chairperson of the Penang Development Corporation Procurement Board with using his position for gratification of RM372,009 for his wife through Excel Property Management & Consultancy Sdn Bhd. The charge alleged this was to ensure Magnificent Emblem Sdn Bhd was invited to propose the workers’ village project at Lot 631, Mukim 13, Juru, Seberang Perai Tengah, and part of Lot 282, Mukim 13, Batu Kawan, Seberang Perai Selatan, worth RM11,610,000.
Phang was charged with abetting Lim. Chew faces three counts of money laundering for allegedly receiving RM87,009, RM180,000, and RM105,000, said to be proceeds of unlawful activities, deposited into her Public Bank Bhd account.
The trio applied to strike out the charges on 26 May 2023, claiming the prosecution relied on evidence from Lim’s earlier bungalow case. The Penang High Court dismissed that application on 3 May 2024.
Separately, Lim is facing an ongoing graft trial linked to Penang’s RM6.3 billion undersea tunnel project.