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THE graft trial of former Penang chief minister Lim Guan Eng descended into heated exchanges today, as the prosecution accused the defence of repeated interruptions, while a key witness alleged that the open tender process for the Penang undersea tunnel project was a mere façade.
Tensions peaked in the Sessions Court in Kuala Lumpur when Malaysian Anti-Corruption Commission (MACC) investigating officer Senior Superintendent Zulhilmi Ramli resumed his testimony.
The defence team’s frequent objections prompted Deputy Public Prosecutor Dat Wan Shaharuddin Wan Ladin to accuse them of being “restless”.
“I do not know why they are behaving like a 'cacing kepanasan' (like a worm in hot ashes). They kept objecting,” he said, drawing a sharp response from defence counsel RSN Rayer.
Rayer immediately objected to the remark, saying, “We are not flower vases here. Do not ridicule us.” Judge Azura Alwi swiftly intervened, leading Wan Shaharuddin to withdraw the comment. “Fine, I withdraw,” he said, to which Rayer replied tersely, “Good.”
The courtroom drama came against the backdrop of explosive testimony from Zulhilmi, who told the court that his investigation found the multi-billion-ringgit Penang undersea tunnel project had been pre-awarded to Datuk Zarul Ahmad Mohd Zulkifli’s company, Consortium Zenith BUCG Sdn Bhd (CZBUCG), despite a supposed open tender.
“My investigation found that all these steps were merely for show to mislead the public, as Datuk Zarul’s company had already been assured of securing the project,” he said.
He explained that all evaluation reports were tabled before the state’s Financial Evaluation Committee, chaired by then state financial officer Datuk Mokhtar Mohd Jait, and subsequently presented to Lim and the state executive council on 4 April 2012.
Zulhilmi, the 38th prosecution witness, also alleged that CZBUCG was given an unfair advantage during the Request for Proposal (RFP) stage, with the process prepared hastily and significantly shaped by the company’s input — contrary to proper procurement procedures.
He cited minutes from technical committee meetings, including one on 14 June 2011, which he said showed representatives from the accused’s office working closely with CZBUCG officials, including Zarul, to draft the RFP.
“This strengthens my finding that the MoUs signed were not simply collaboration agreements, but instead a means to allow BUCG to help the state government in preparing the Request for Proposal,” he said.
Another meeting on 11 July 2011, attended by government and CZBUCG officials at the Penang State Economic Planning Unit, further suggested close collaboration. Zulhilmi noted that the Works Ministry was not involved, and Lim provided no explanation for this under Section 53 of the MACC Act.
Zulhilmi told the court that although the tender process appeared to adhere to procedural norms, it was merely a formality. He pointed to the evaluation scores — with CZBUCG receiving 93 per cent and its nearest competitor, VST Cemerlang, scoring only 77 per cent — as indicative of the company’s advantage through insider access.
“This explains why the company ultimately secured the project,” he said.
Lim, 63, is accused of using his position to solicit bribes from Zarul in connection with the RM6.3 billion infrastructure project involving three main roads and an undersea tunnel linking Penang island to the mainland.
The trial before Judge Azura Alwi continues. - October 15, 2025
