The ABC of Guan Eng’s corruption charges

KINIGUIDE Penang Chief Minister and DAP secretary-general Lim Guan Eng was slapped with two charges of corruption yesterday.

Also charged was businesswoman Phang Li Koon, who is accused of abetting Lim to commit the alleged offences.

In this instalment of KiniGuide, we break down the details in the charge sheet and take another look at Lim’s bungalow scandal.

What happened yesterday?

Lim and Phang were charged at the Sessions Court in Penang and their cases were immediately transferred to the High Court in  Penang. The charges were personally brought by attorney-general Mohd Apandi Ali.

Once at the High Court, the duo pleaded not guilty to their respective charges and claimed trial.

Lim has since been released after posting a RM1 million bail, with one surety, while Phang posted a RM200,000 bail with one surety.

You can read more of what transpired in court in Malaysiakini’s live reports yesterday.

What were Lim’s charges about?

Lim’s first charge is under Section 23 of the Malaysian Anti-Corruption Commission Act 2009 (MACC Act), which criminalises the use of a public office for personal gratification.

The law presumes that the officer (in this case, Lim) has used his office for gratification when he makes a decision in which he, a relative, or his associates, have a direct or indirect interest in.

The burden of proof would be on Lim to challenge this presumption, rather than for the prosecution to show that he has actually benefited from the decision made.

Lim was accused of having committed this offence on July 18, 2014, at a Penang State Planning Committee meeting by approving the re-zoning of a land from agricultural to housing in favour of Magnificent Emblem Sdn Bhd.

This is purported to have benefited him and his wife, Betty Chew...