Lim files motion to declare Section 62 of MACC Act unconstitutional

GEORGE TOWN: Chief Minister Lim Guan Eng has filed a motion to declare Section 62 of the Malaysian Anti-Corruption Commission Act 2009 as unconstitutional.
Lim's counsel Gobind Singh Deo said Section 62 deals with the delivery of the defense's statement and it contradicts an accused right to remain silent.
Businesswoman Pang Li Koon who was charged together with Lim in June last year filed the same motion on Wednesday.
High Court Judge Datuk Hadariah Syed Ismail fixed Feb 7 to hear the motions filed by Lim and Phang during case management today.
She however said she will not postpone the trial which will start in March.
"The Act has been there for sometime and the wording of the Section will not be changed.
"The court's function is to only interpret it and the defence team has the right to file the motion," she said.
Lim faces charges of graft and abuse of power.
On the first charge, he was accused of allegedly abusing his position as chief minister to obtain benefits for himself and his wife Betty Chew.
He was accused of committing the offence on July 18, 2014 at Komtar when he chaired the State Planning Committee (SPC) meeting to rezone Lot 436 and Lot 437 in the southwest district from agriculture to residential housing for Magnificent Emblem Sdn Bhd.
The offence comes under the Malaysian Anti-Corruption Commission (MACC) Act 2009 which carries a maximum 20-year jail term and not less than five times the amount of the benefit if it can be counted in cash or RM10,000, whichever is higher.
On the second charge, he is alleged to have obtained a plot of land and house, namely No. 25, Jalan Pinhorn, for the price of RM2.8 million when the valuation at that time was RM4.27 million, from Phang. He was alleged to have committed the offence on July 28, 2015 at the Jalan Pinhorn property. The offence, under the Penal Code, carries a maximum two-year prison sentence, or fine, or both.
Phang was later charged with abetting Lim to obtain a benefit, which is the land and house on No. 25, Jalan Pinhorn, knowing that they have official business together. She was accused of committing the act on July 28, 2015. The charge, under the Penal Code, carries a maximum two-year prison sentence, or fine, or both upon conviction.