KUALA LUMPUR — The corruption and money laundering trial involving former Penang chief minister Lim Guan Eng, his wife Betty Chew, and businesswoman Phang Li Koon will proceed at the Penang High Court after their bid to strike out the charges was dismissed.
A three-judge panel, led by Justice Datuk Azman Abdullah sitting with Justices Datuk Noorin Badaruddin and Datuk Mohd Radzi Abdul Hamid, rejected the trio’s application to quash the charges, Bernama reported.
The court had earlier, on May 3, 2024, also dismissed their strike-out bid, ruling that the doctrine of autrefois acquit — or protection against double jeopardy — relied upon by the defence did not meet the required threshold.
The application, filed on May 26, 2023, sought to strike out the charges on the grounds that the prosecution had relied on evidence from an earlier case involving Lim’s purchase of a bungalow on Jalan Pinhorn. Lim had been acquitted and discharged in that matter in 2018.
According to the charges, Lim, in his capacity as a public officer and Penang Development Corporation tender board chairman, was alleged to have used his position to obtain a bribe amounting to RM372,009 for his wife through Excel Property Management & Consultancy Sdn Bhd.
He is accused of facilitating the award of an Invitation to Propose for a foreign workers’ settlement project on Lot 631, Mukim 13, Juru, Seberang Perai Tengah, and part of Lot 282, Mukim 13, Batu Kawan, Seberang Perai Selatan, valued at RM11.61 million, in which Chew allegedly had an indirect interest.
The alleged offences took place between August 19, 2013, and March 3, 2016, at the Chief Minister’s Office on Level 28, Komtar in George Town, Penang.
The charge against Lim is framed under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, which carries a maximum jail term of 20 years and a fine of not less than five times the value of the gratification or RM10,000, whichever is higher, upon conviction.
Phang is accused of conspiring with Lim in relation to the same offence at the same time and place.
Betty Chew faces three counts of money laundering, involving the alleged receipt of RM372,009 from Excel Property Management & Consultancy Sdn Bhd, which was deposited into her Public Bank Berhad account.
The alleged offences occurred between October 7, 2013 and March 3, 2016, at the Public Bank Berhad branch in Taman Melaka Raya, Melaka.
The charges were brought under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001, which provides for a fine not exceeding RM5 million or imprisonment of up to five years, or both, upon conviction.
Delivering the decision, Justice Noorin said the present charges were separate in law and fact from the earlier bungalow case, involving different allegations and transactions.
“While there may be some overlap in the surrounding investigations conducted by the MACC in 2016, overlap of investigations does not equate to identity of offences. The constitutional prohibition is directed against a second trial of the same offence, not against a second trial arising from the same investigation,” she said.
Justice Noorin said although Lim had been acquitted and discharged after the prosecution withdrew the earlier charges, there had been no judicial determination on issues relating to the workers’ hostel project, payments allegedly made through Excel Property Management & Consultancy Sdn Bhd, or monies allegedly received by Chew.
She said this was based on a statement issued by former deputy public prosecutor Datuk Mohamad Hanafiah Zakaria explaining the withdrawal of the bungalow case.
“The statement did not constitute a judicial finding and could not amount to a representation that no future prosecution could be brought in respect of different offences supported by different evidence,” she said.
Justice Noorin said the court acknowledged concerns raised by the appellants regarding fairness, as the former finance minister had undergone a lengthy criminal trial involving 25 witnesses before facing fresh charges arising from the same broad MACC investigation.
“The appellant’s complaint is neither frivolous nor devoid of substance. The factual material underlying the present charges appeared to have been substantially available to investigators and prosecutors during the earlier proceedings,” she said.
She said the more satisfactory and equitable course may have been for all charges arising from the same investigation to be considered together at the earliest opportunity.
The court also cautioned against the fragmentation of prosecutions arising from the same investigation, noting that successive prosecutions based on facts already known to the authorities could create the perception that an accused person is being subjected to repeated litigation.
However, she said such concerns did not amount to a legal impediment under Article 7(2) of the Federal Constitution or the doctrine of double jeopardy as embodied in Section 302 of the Criminal Procedure Code.
“Therefore, the court dismisses the appeal and upheld the High Court’s decision,” she said.
The court also rejected the appellants’ reliance on the doctrines of issue estoppel and res judicata.
Meanwhile, deputy public prosecutor Ashrof Adrin Kamarul said the case management has been fixed for July 3 at the Penang High Court.
At today’s proceedings, Datuk Seri V. Sithambaram appeared for Phang while counsel RSN Rayer represented Lim and his wife. — June 24, 2026