Penang High Court judge Hadhariah Syed Ismail fixed the date after Phang’s lawyer Hisham Teh Poh Teik informed the court that an appeal on a separate but related matter to the Court of Appeal in Putrajaya was to be heard on April 27.
The matter to be heard at the appellate court is the bid by Lim and Phang to declare Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 as “unconstitutional”. Hadhariah had on March 7 dismissed the application, causing the duo to take it to the appellate court.
The section states that the defence’s statement and documents be tendered as evidence must be delivered before the commencement of the trial.
The duo claim that Section 62 contravenes Article 5 (1) of the Federal Constitution, which reads that no person shall be deprived of his life or personal liberty, save in accordance with law, and also Article 8(1) of the Federal Constitution that reads all persons are equal before the law and entitled to equal protection of the law.
Hisham told the court today to consider a reasonable time frame as the appeal might later move to the Federal Court.
The corruption trial was supposed to start on March 27. It involves at least 60 witnesses.
Lim has been 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 during a state exco meeting on July 18, 2014.
Lim was also alleged to have used his position to obtain gratification by purchasing a bungalow from Phang 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.