LGE, Phang Ordered To File Defence Before Trial

33 views · Published 15 December 2017 · 1:22 · Indexed 6 November 2026

Channel: 7Edition · 2017 · News & Politics

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In a landmark decision, the Federal Court ruled that Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon have to file their defence before the commencement of their corruption trial at the High Court.

A five-man bench led by Chief Justice Tan Sri Md Raus Sharif unanimously made the decision after allowing the Malaysian Anti-Corruption Commission, MACC, appeal against the Court of Appeal's ruling.

By doing so, the bench disagreed with the Court of Appeal that Section 62 of the MACC Act, which required accused persons to reveal their defence before trial began, was unconstitutional.

Tan Sri Mohd Raus, said Section 62 relates to pre-trial procedure relating to delivery of documents by defence to the prosecution, not on the admissibility of evidence.

It does not deprive the defence from submitting additional documents during trial.

Lim claimed trial to corruption charges in relation to the conversion of land from agricultural to residential and the purchase of a plot of land and bungalow at below-market price on June 30 last year.

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