Deputy public prosecutor Ashrof Adrin Kamarul told the Court of Appeal today there was no breach of the constitutional rights of Lim and Phang Li Koon, as the current charges came from a “further investigation” by the Malaysian Anti-Corruption Commission following their acquittal in 2018.
In an earlier case, Lim and Phang faced corruption charges over his purchase of a bungalow, purportedly at below market price, about 10 years ago. They were acquitted after the prosecution withdrew the charges.
In August 2020, Lim claimed trial to an abuse of power charge, allegedly for ensuring a company linked to Phang obtained approval to construct a dormitory for foreign workers worth RM11.6 million. Phang is accused of abetting Lim in committing the offence.
Lim and Phang are appealing the High Court’s refusal to strike out the charges brought against them, after Justice Rofiah Mohamad ruled on May 3, 2024 that they did not suffer double jeopardy, as the earlier case had not led to a judicial determination.
“The court granted them an acquittal (in the earlier case) after they made representations, to which we informed the court we had no intention to prosecute further,” said Ashrof, adding that the prosecution did not appeal the acquittals.
“The court did not make findings of fact based on evidence presented during the trial (held from 2016 to 2018). So, there is no ‘double jeopardy’ (being subjected to the same proceedings twice) as alleged.”
Asked by Justice Noorin Baharuddin whether the documents in the 2016 and 2020 cases were identical, Ashrof conceded that most of the documents in the first case are relevant to the second.
“(However) there are further documents which we will give if the trial ever begins,” he said.
In reply, V Sithambaram, representing Phang, said the prosecution cannot bring charges “in tranches,” either against Lim or his client.
He said the prosecution is barred by law from charging Phang and Lim “on the same evidence they were acquitted from”.
“Why couldn’t they be charged at the same time in 2016, since both cases have the same facts,” Sithambaram asked, questioning whether more charges would follow.
Lawyer RSN Rayer appeared for Lim.
Justice Azman Abdullah, who chaired the panel, said the court, which also included Justice Radzi Abdul Hassan, will review their submissions before making a decision.