Chief Minister Lim Guan Eng took the stand in the High Court in Penang today, defending his administration against allegations that it has destroyed “too many heritage and historical” sites to allow the construction of high rise buildings.

These claims are said to have been made in a report headlined "Guan Eng has failed, says NGO", authored by news portal Free Malaysia Today journalist Athi Shankar.

Lim is suing Penang Citizens Awareness Chant Group (Chant) adviser Jimmy CS Lim, FMT and Shankar, and seeking compensation for general, aggravated and exemplary damages for the report which he deemed “defamatory and offensive”.

He wants a full public apology and a retraction of the said article within 14 days of the court decision.

Jimmy CS is quoted in the report as urging Lim to  preserve and conserve the state’s heritage and history, or else George Town could lose its Unesco Heritage status.

Jimmy CS is quoted in the Dec 6, 2013, article as saying that “Lim allowed destruction of natural heritages such the Bukit Relau hill in Gelugor.”

According to the report, he “pointed out that the state’s administration allowed the demolition of the Indian heritage village Kampung Buah Pala”, which took place during the early days of Pakatan Rakyat’s rule in Penang, after it seized the state from BN’s Gerakan in 2008.

When questioned by his lawyer Mureli Navaratnam, Lim said the Penang Municipal Council never approved the illegal clearing on Bukit Relau, also known as “Botak Hill” and the developer was hauled to court.

Eviction based on court order

He also refuted claims that the state had evicted the Kampung Buah Pala villagers, adding that his administration never allowed it but the action followed a court order.

Mtoday News Sdn Bhd, which runs FMT, and Athi Shankar, whose real name is S Karunakaran, were represented by Clement Lopez, while Jimmy CS, was represented by Baljit Singh and V Amareson.

During the cross-examination which lasted about two hours, Lim was also grilled on the state’s delay in approving and implementing its special area plan.

He said this was due to requirements to comply with “instruments” set by the Unesco, and a need to incorporate suggestions by all stakeholders, including the federal government’s Tourism Ministry and the Aga Khan Foundation, which had offered to restore and refurbish the heritage sites.

To this, Lopez suggested that the state government was not serious in implementing the Penang Island Local Plan, since the Penang Municipal Council (MPPP) had passed the draft of the plan in November 2008.

However, Lim strongly rejected Lopez’s suggestion.

Judicial Commissioner Nordin Hassan, who presided over the case, then adjourned the hearing to Feb 27.

Three out of 10 state executive councillors - Chong Eng, Danny Law and Phee Boon Poh - were present at the hearing, besides assemblypersons Wong Hon Wai and RSN Rayer.

Penang Gerakan chairperson Teng Chang Yeow, who was present in support of Jimmy CS and FMT, kicked up a fuss about the matter, saying, outside3 the court, “It was amazing that almost half the state exco members were present at the meeting.

“Were they as keen and serious about the state’s heritage preservation, be it history or natural heritage, as in the court case? If they were keen and serious, this court case won’t take place.”