Liong Sik begins defence in PKFZ trial
Former transport minister Dr Ling Liong Sik's defence in the Port Klang Free Trade Zone trial kicks off today with lead counsel Wong Kian Kheong reading out his opening address to court.
Former transport minister Dr Ling Liong Sik's defence in the Port Klang Free Trade Zone trial kicks off today with lead counsel Wong Kian Kheong reading out his opening address to the High Court.
Wong, a former public prosecutor, told the packed courtroom that the defence would show the price in the sale and purchase of the land was in agreement with the Valuation and Property Services Department (JPPH).
"The amount tabled does not include the interest payable to the bond issued," said the lawyer.
"No one informed Tun Ling that the calculation was fraudulent or wrong. The Finance Ministry officials were confused over the repayment nature of the land," he said.
The defence, he said, would also adduce that at all material times the “special value” or cash value of the land was determined by JPPH at RM21psf (per square foot) but the government never intended to pay the “special value” of the land by normal cash payment.
Wong said the defence would show the land price - at RM25psf - was the face value of the bond, and that there was no deception.
He said Ling had not at any time favoured contractor Kuala Dimensi Sdn Bhd.
His client did not have any intention to deceive the cabinet as at all material times Ling directed ministry officers and Port Klang Authority (PKA) to adhere to JPPH's valuation with regard to the land procurement and that Ling's two letters to the PM were prepared by ministry officers.
“Ling acted in accordance with the recommendations and advice of his officers. He did not at any time instruct, direct or request the officers to conceal, misrepresent and mislead any fact in their preparation of the documents,” he said.
Finance Ministry had full knowledge
Wong said the Finance Ministry had full knowledge of the valuation given by the JPPH in respect of the land because all valuations by way of compulsory acquisition or direct purchase are prepared by JPPH, which comes under the Finance Ministry.
“At all material times the Finance Ministry was actively involved in negotiations with KDSB on the procurement. The cabinet took all other factors before deciding to purchase the land from KDSB. The JPPH's valuation is not the sole or decisive reason,” he said.
Wong also pointed out that there were no adverse findings by the Parliamentary Public Accounts Committee against Ling but it was against several other individuals in the ministry and the PKA.
The mammoth project was also supported by the PM's special adviser Ali Abul Hassan, and that for Ling to cheat, it would have involved a high degree of government officers in both the Transport and Finance ministries and the PKA.
The lawyer also said his client's rights had seriously been prejudiced as he had no access to some of the government documents, which had been classified under Official Secrets Act when he left the cabinet in 2003.
He then slammed former MCA assemblyperson Lee Hwa Beng's book on the scandal, which was published recently, saying it denied his ex-party boss Ling a fair trial.
Wong also said the prosecution's third witness, U Mani, testified that the RM25psf cost did not include the total interest payable and that interest was chargeable over the RM25psf.
“This evidence alone would have destroyed the entire prosecution's case. Mani was the person who personally did the calculations where some of the exhibits were based and his evidence clearly contradicted the evidence by former JPPH director-general, Sahari Mahadi.”
Three options
Ling, 68, was ordered by the Kuala Lumpur High Court to enter his defence on March 9 after justice Ahmadi Asnawi ruled the prosecution has successfully prove a prima facie case.
In defending himself, Ling has three options - to take the witness stand, to testify from the dock or to remain silent. Ling opted to take the witness stand.
On June 21, he had unsuccessfully
tried to recuse
the trial judge after Ahmadi ruled the defence failed to show he was biased in his written judgment.
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 had fixed the price for the land at RM25psf, 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 in his report to the cabinet on the additional interest rate, which carries up to five years' jail or a fine, or both.
He faces two alternative charges of cheating and intentionally omitting information in his report to the cabinet on the additional interest rate, which carries up to five years' jail or a fine, or both.
