KUALA LUMPUR (March 17): The Sessions Court on Friday (March 17) dismissed a preliminary objection by the prosecution over Lim Guan Eng’s application to obtain a forensic report over WhatsApp exchanges between businessman Datuk Seri G Gnanaraja and Consortium Zenith Construction Sdn Bhd (CZCSB) director Datuk Zarul Ahmad Mohd Zulkifli, and the complaint made in the Shah Alam court.

Judge Azura Alwi dismissed the prosecution’s preliminary objection over the relevance of the application.

The court then set next Thursday (March 23) to hear the merits of the application.

Earlier, deputy public prosecutor (DPP) Datuk Wan Shaharuddin Wan Ladin and Lim’s lead counsel were involved in a heated exchange over the application.

Wan Shaharuddin in his preliminary objection objected to the application in questioning the relevance of the defence making the application, as prosecution witnesses like Zarul as well as Azli Adam dan Ibrahim Sahari, both from CZCSB, had yet to finish their testimonies.

“They have not touched on the main issues and, as such, the affidavit of support by Lim in the application should be expunged, and the preliminary objection should be allowed,” he said.

Citing several precedents and court cases, Wan Shaharuddin said the court had to first determine the relevance, and the prosecution submits that it is not relevant to the issue.

Gnanaraja, he added, had not been called as a witness.

“Hence, what is the relevance of the forensic report and the complaint that they want?” the DPP asked.

Defence counsel Gobind Singh Deo in reply said the prosecution’s conduct was unbecoming, as they are seen to be trying to suppress the evidence.

He said that as a public prosecutor, one should act professionally on whatever is applicable to the prosecution, and the defence should be presentable to the court.

“It is not the prosecution who should take the objection, as it is the court who should take the objection.

“It was the prosecution who asked the defence to make the formal application under Section 51 of the Criminal Procedure Code, and after we filed it, the prosecution was making a preliminary objection,” he said.

Gobind said the prosecution is in possession of the evidence that is supposedly favourable to the defence, so what they are doing is suppressing the evidence.

The counsel said the defence needs to look into the forensic report and complaint first, and that was why "we are making the application as was asked by the prosecution".

Azura in her decision said that the matter is as if going into the merits, and the court was mindful of it, and hence dismissed the preliminary objection.

Wan Shaharuddin, in a sudden reaction, clapped his hands, and said the defence had created “a good drama” and questioned the standard of defence in trying to threaten the prosecution in arguing against the preliminary objection. Gobind took offence on the remark.

Gobind further threatened to cite Wan Shaharuddin with contempt for the remark made, and the DPP replied that it was his duty, as the defence had been threatening the prosecution (when the defence threatened to file a suit, and that the suit would be filed against the prosecution).

Gobind said the prosecution had been trying to suppress the evidence, and cited again that this is political prosecution against Lim.

Azura then asked both parties to stop the argument, and warned Wan Shaharuddin.

She dismissed the preliminary objection and fixed next Thursday to go on the merits.

A hearing was scheduled for Friday (March 17) to hear the merits of the application, before the preliminary objection was made by the prosecution.

Gobind said while the defence had obtained the Shah Alam court transcript in the Gnanaraja case a day ago, it had yet to get the court to put a date on the transcript, and that would be done on Friday.

Lim, 62, who is the Member of Parliament for Bagan, is accused of using his position as the then Penang chief minister to solicit a 10% cut in the RM6.3 billion undersea tunnel project’s profits from Zarul, in return for aiding the businessman’s company to secure the project. He is accused of accepting RM3.3 million in kickbacks from Zarul.

The DAP chairman also faces two counts of dishonest misappropriation of property in releasing two plots of state-owned land cumulatively worth RM208.75 million to Ewein Zenith Sdn Bhd and Zenith Urban Development Sdn Bhd — two property companies linked to the controversial undersea tunnel project.