Former MCA boss ordered to enter defence
The Kuala Lumpur High Court has ordered former transport minister Dr Ling Liong Sik to enter his defence on charges of cheating the government in 2002 on the Port Klang Free Zone (PKFZ) project.
The Kuala Lumpur High Court has ordered former transport minister Dr Ling Liong Sik to enter his defence on charges of cheating the government in 2002 on the Port Klang Free Zone (PKFZ) project.
Justice Ahmadi Asnawi, in his nearly two-hour judgment, said the prosecution has successfully established a prima facie case against the 68-year-old former MCA president.
Ling is accused of cheating the government by concealing from then prime minister Dr Mahathir Mohamad's cabinet the existence of an additional 7.5 percent interest rate per annum on the purchase price of the land for the PKFZ project.
The Valuation and Property Services Department (JPPH) had fixed the price for the land at RM25 per sq ft, or RM1.09 billion including coupon interest.
Ling was charged on July 29, 2010, under Section 418 of the Penal Code, which carries a penalty of up to seven years in prison, or a fine or both.
He faces two alternative charges of cheating and intentionally omitting information to the cabinet on the additional interest rate, which carries up to five years' jail or a fine or both.
'Ignorance is unacceptable'
In his 83-page written ruling, Justice Ahmadi said Ling was well aware that the government would have to pay more than the land's value of RM1.09 billion as he was informed of this at an earlier meeting, but failed to disclose it to the cabinet.
"I have no hesitation to find that it could reasonably be inferred that the accused had indeed intentionally induced the cabinet to approve the purchase of the said land upon the said price, which the cabinet would not have approved if the cabinet knew of the additional 7.5 interest rate...," the judge said.
Someone of Ling's education, stature and background, he added, could not shift responsibility or claim to be misinformed as it is incumbent on him to know the contents of the agreement.
"As a member of his majesty's cabinet and as the Port Klang Authority was under his ministerial responsibility, the onus is upon him and indeed it was his duty to make full disclosure of the same (additional interest rate) at the cabinet meeting," he said.
Justice Ahmadi added that Ling, by failing to reveal the 7.5 percent interest, was aware that he was likely to cause a loss to the government.
Ex party deputy faces similar charges
The offences were allegedly committed at the fourth floor of the Prime Minister's Office, Perdana Putra building in Putrajaya, between Sept 25 and Nov 6, 2002.
A total of 25 prosecution witness testified in the trial which began in August last year, among them ministers in the Prime Minister's Department Nazri Abdul Aziz and Nor Mohamed Yakcop and former minister Effendi Norwawi.
Another former minister and former MCA deputy president Chan Kong Choy (right) also faces similar charges of cheating the cabinet in relation to the PKFZ project during Abdullah Ahmad Badawi's tenure as prime minister.
The prosecution is led by the head of prosecution at the Attorney-General's Chambers Tun Abdul Majid Tun Hamzah, while Ling is represented by a team of lawyers headed by Wong Kian Kheong.
Met outside the courtroom, Ling declined to comment on the verdict but said, "We'll fight this in court."
The prosecution has offered a total of 113 witnesses for the defence to call.
The trial will resume from June 18 to 22, July 2 to 5, 10 to 13 and 16 to 18.
