Lim’s lead counsel Gobind Singh Deo said a motion to question the constitutionality of Section 62 of the MACC Act was submitted to the High Court here today for review.
“We are asking the court to interpret whether the accused can be directed to submit his or her defence before trial. The constitutionality of Section 62 has yet to be tested.
“The law develops in any land, you will have provisions that have been around for sometime, but occasionally a challenge comes up,” Gobind told reporters outside the High Court here today.
Gobind also revealed that the 13,000-odd documents by the prosecution had finally been delivered to the defence in the form of 35 volumes today.
In Section 62 of the MACC Act, once the accused are given the prosecution papers before trial, the defence is required to give a defence statement, setting out in general terms the nature of their defence.
On June 30, Lim was charged with using his public office or position to obtain gratification for himself and his wife, Betty Chew, by approving an application by Magnificent Emblem Sdn Bhd to convert agricultural land for residential purposes.
Lim was also alleged to have used his position to obtain gratification by purchasing a bungalow from businesswoman Phang Li Koon for RM2.8 million, below the property’s market value of RM4.7 million on July 28, 2015.
Lim and Phang have pleaded not guilty to both charges.
During the case management hearing at the High Court this morning, Justice Hadhariah Syed Ismail reminded lawyers the section in dispute could not be changed and the court could only interpret it.
“The case started in July, it is already so long. There is a lot of talk but no movement.
“I want to stress here that there will be no change to the earlier set trial dates.” Hadhariah said.
Last month, she set 36 days for the graft trial, that will take place between Mar 27 and July 21.
Deputy Public Prosecutor Masri Mohd Daud is leading the prosecution team.