High Court dismisses Guan Eng's application to declare MACC Act unconstitutional
On 07-03-2017 01:03
GEORGE TOWN: A High Court has dismissed an application by Chief Minister Lim Guan Eng and businesswoman Phang Li Khoon to declare Section 62 of the Malaysian Anti-Corruption Commission Act 2009 invalid and in violation of the Federal Constitution.
Judge Datuk Hadhariah Syed Ismail said Section 62 "does not impede the accused's rights to a fair trial and that the burden still lies on the prosecution to prove the case beyond reasonable doubt."
Section 62 requires the defence’s statement and documents, which would be tendered as evidence, to be delivered to the prosecution before the start of trial.
Judge Hadhariah ordered Lim and Phang to file their defence in two weeks' time and set March 20 for case management.
She set hearing of the corruption charges against Lim and Phang to start on March 27 as fixed by the court previously.
On June 30, last year, Lim was 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 for using his position to obtain gratification by purchasing his bungalow in Pinhorn Road from Phang at RM2.8mil, 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.
Both the accused have pleaded not guilty. Their cases will be jointly heard between March and July.
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