Ex-Deputy Director failed to show inflow of money: Witness
Published on: Thursday, January 25, 2024
By: Jo Ann Mool
Earlier, during cross-examination by Lim’s counsel, Yussof agreed there was no evidence that the cash of RM31,025,495.11 for the period from 2005 to 2015 was handed over physically to Lim.
Kota Kinabalu: Former State Water Department (JANS) Deputy Director Lim Lam Beng failed to submit any information or documents from 2005 to 2015 that show the inflow of money into his bank account until today, the Special Corruption Court heard Wednesday.
Malaysian Anti-Corruption Commission (MACC) officer Mohd Yussof Awang Osman, who was the investigating officer in Lim’s case, said his investigation found Lim’s government gratuity was used to buy a Mercedes Benz A250 for his wife, as detailed in his witness statement.
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In his witness statement, Yussof stated that the vehicle, which cost RM247,910.50, was purchased using Lim’s lump sum Retirement Benefit amounting to RM277,444.50, received on March 3, 2014.
Yussof told Judge Abu Bakar Manat that he had asked Lim to submit any information or documents from 2005 to 2015 that show the inflows of money into his bank account other than salaries, pensions and GCR payments, but Lim failed to do so until today.
The witness said this when asked by the prosecution during re-examination to explain his investigation into the source of the cash surrendered by Lim to the MACC as framed in his charges.
He earlier said his investigations thoroughly found that Lim failed to submit any evidence regarding the cause or source of cash for purchasing the car, as stated in Lim’s first charge.
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Earlier, during cross-examination by Lim’s counsel, Yussof agreed there was no evidence that the cash of RM31,025,495.11 for the period from 2005 to 2015 was handed over physically to Lim.
Yussof disagreed with the counsel’s suggestion that the statement of Teo Chee Kong and the HQ List table, which alleged that Lim received the amount of money statement in his witness statement, was false.
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During re-examination, the witness explained that it was because the investigation did not depend solely on the HQ List schedule and Teo alone.
“The results of the investigation include all the statements from the witnesses of JANS, contractors who obtained projects in Sabah and other relevant documents.”
The witness added that it was based on Teo’s direct testimony and the HQ List document as well as Teo’s trusted credibility.
“Teo’s testimony is consistent and consistent with the evidence of other independent witnesses,” added Yussof.
Asked to explain his not agreeing with Lim’s counsel that the four charges faced by Lim were not for the period 2005-2015, Yussof said the charges refer to the date of confiscation of the property, which was the date the property was owned, while 2005-2015 was a period of illegal activities when the centralised collection was done.
Lim, 69, is facing four counts of having a Land Cruiser, cash of RM200,000, RM1,900,000 and RM280,000 from proceeds of unlawful activities on Oct 13, Oct 22, Nov 7 and Nov 8 2016, here.
Lim was the third accused, who was jointly tried with former JANS Director Ag Mohd Tahir Mohd Talib, 61, and the latter’s wife Fauziah Piut, 58, on 37 counts of money laundering charges, involving cash and bank savings amounting to RM61.57 million, as well as unlawful possession of luxury goods.
Ag Mohd Tahir faces 11 charges while Fauziah faces 19 charges under under Section 4 (1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUA) 2001.
Fauziah has another two joint charges with Ag Mohd Tahir under Section 4(1)(b) of the same Act and Ag Mohd Tahir also has one charge under Section 4(1)(a) of the same Act.
The offences against Ag Mohd Tahir and Fauziah were allegedly committed between Oct 4, 2016 and Nov 4, the same year.
On Dec 29, 2016, the three pleaded not guilty to the charges.
To a prosecution’s question regarding the RM1.9 million referred to in Lim’s third charge - obtained from shares in Singapore, the witness said Lim had informed him when handing over the RM1.9 million on Nov 7, 2016 that the money was from selling shares in Singapore and money in a savings account in Singapore.
“I instructed Lim to provide me with more information and documents related to the sale of the shares. However, Lim failed to provide further information regarding the share sale document.”
To a question concerning a document related to the alleged share, the witness explained that Lim failed to provide him with further information on any document related to the sale of the shares.
During cross-examination, Yussof disagreed with the counsel’s suggestion that he was the one who informed Lim to withdraw money from his bank account concerning the second, third and fourth charges against Lim and handed over the money to MACC to show that Lim was willing to cooperate.
However, during the re-examination, Yussof explained that he never contacted Lim to instruct him to withdraw any cash from the Maybank account and hand it over to MACC.
“There was no coercion or threat or promise to Lim to hand over any cash to be confiscated by the MACC,” said Yussof.
He added that Lim had handed over the money voluntarily without coercion.
Deputy Public Prosecutors Mahadi Abdul Jumaat, Haresh Prakash Somiah and Zander Lim acted for the prosecution, while counsel Priskila Akwila Sinem represented Ag Mohd Tahir and Fauziah.
Lim was also represented by counsel Datuk Tan Hock Chuan, Baldev Singh, Karpaljit Singh, Kelvin Wong and Aaron Lau.
Trial was adjourned to March 7 and 8.
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