The decision follows a unanimous ruling by a three-judge panel of the Court of Appeal, chaired by Justice Datuk Azman Abdullah and including Justices Datuk Noorin Badaruddin and Datuk Mohd Radzi Abdul Hamid, which dismissed the appellants’ application to strike out the charges. The panel rejected the defense’s argument that the prosecution violated the constitutional prohibition against double jeopardy, a legal principle preventing an individual from being tried twice for the same offense.
Justice Noorin, who delivered the summary judgment, stated that the current charges are distinct in both law and fact from a previous case in which Lim was acquitted in 2018. That earlier proceeding involved allegations regarding the purchase of a bungalow on Jalan Pinhorn. The Court of Appeal determined that while some evidence and investigative overlaps existed between the two matters, the specific acts of gratification and the legal elements required for conviction were different.
“The principles of autrefois acquit (previously acquitted), autrefois convict (previously convicted) and estoppel (prevented) do not apply,” Justice Noorin said. “The charges brought against the appellants touch on issues that are different from the charges that were previously acquitted.” The panel further clarified that the constitutional ban is directed against a second trial of the *same* offence, not against a second trial arising from the same general investigation.
The charges against Lim, who served as Penang chief minister and chairman of the Penang Development Corporation tender board, allege that he abused his position to ensure that Magnificent Emblem Sdn Bhd was awarded a contract for the construction of a workers’ settlement. According to the indictment, Lim allegedly received a bribe of RM372,009 for his wife through Excel Property Management & Consultancy Sdn Bhd, in which Chew held an indirect interest. The alleged corrupt act is framed under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, which carries a maximum penalty of 20 years’ imprisonment and a fine of not less than five times the value of the gratification or RM10,000, whichever is higher.
Phang Li Koon is charged with abetting Lim in committing the offense, while Betty Chew faces related money laundering charges. Lim claimed trial in August 2020. The defense had previously argued in the Penang High Court, which dismissed their application on May 3, 2024, that the prosecution had improperly used evidence from the 2018 bungalow case to frame the current charges.
In a notable observation, Justice Noorin addressed the procedural history of the cases, noting that in the 2018 bungalow trial, 25 witnesses testified before the prosecution withdrew the charges. She cautioned the public prosecutor to exercise discretion prudently when bringing charges in tranches, warning that fragmentation of prosecutions can create a perception of unfairness among accused persons who feel they are being subjected to repeated trials stemming from similar investigations.
The case is scheduled to be mentioned at the Penang High Court on July 3. The defense and prosecution will now prepare for the full trial, where the prosecution must prove beyond a reasonable doubt that the gratification was given or received to induce the public officer to act improperly in the exercise of his official duties.
