Farizan Darus, who was the state secretary from 2011 to 2019, said the presence of Consortium Zenith BUCG Sdn Bhd’s representatives at a July 11, 2011 meeting with state government officers was never raised before the state’s procurement board.
The board, led by Farizan and comprising others including Muhamad Azrai Mohamad Zaini and Rajendran Anthony, had decided to award the RM6.3 billion project, comprising an undersea tunnel and three roads, to Consortium Zenith BUCG on Jan 23, 2013.
The court previously heard that the construction firm was given the highest score of 93 by the state, after they took part in the open tender.
“If we had been informed about such a meeting, I would have called a fresh open tender for the tunnel and roads project or recommended another method to tender this job.
“We could make our decision, independent from the state excos’ influence,” he said when questioned by deputy public prosecutor Farah Yasmin Salleh.
Farizan said Consortium Zenith BUCG’s involvement in drafting the open tender document or request for proposal (RFP) placed it at a “higher level playing field” to bid for the job.
“Other contractors had to start from scratch,” he said.
Farizan also told the court he first heard about the plan to build the tunnel and roads during an exco meeting on Jan 26, 2011.
“We were told by the chief minister that a private company was keen to take on the job,” he said.
Farizan said he represented the state government at the signing of a memorandum of understanding (MoU) with Consortium Zenith BUCG on March 17, 2011. Another MoU was inked in April 2011.
“It was the Pakatan Harapan state government’s policy for any project to be carried out through an open tender,” he said.
“The chief minister had stated at the meeting that this must go through an open tender process.”
Lim, who was then Penang chief minister, is standing trial on charges of using his position to ask Consortium Zenith BUCG owner Zarul Ahmad Mohd Zulkifli for a 10% cut of the profits from the undersea tunnel project.
He is also alleged to have sought RM3.3 million in kickbacks from the businessman.
Lim was also slapped with two counts of dishonestly misappropriating RM208.7 million worth of state land to two companies.
During cross-examination, lawyer Gobind Singh Deo, appearing for Lim, asked Farizan whether he had met Zarul and a company representative on May 10, 2011.
Farizan answered in the affirmative, adding that Azrai and Rajendran were with him.
“The meeting was held after the first MoU was inked. Zarul and his officer were there to assist us to prepare the RFP papers as stipulated under the MoU terms,” he said.
Gobind then suggested to Farizan that he did not know the final content in the RPF papers, as the document was only finalised and made public one year after Consortium Zenith BUCG’s meetings with the state’s civil servants.
Gobind: In that case, how would they know the end-product (of the RPF papers) in July 2012?
Farizan: I reserve my comments on this.
Farizan asked Gobind to point out which part of the final RFP papers had gone through major amendments.
However, Gobind reminded him that he had told the court he had not seen the final RFP papers.
“OK, I admit I have not seen the final version,” Farizan said.
The witness told the court that if he had realised there was “conflict of interest”, he would have disqualified Consortium Zenith BUCG from the open tender process.
The hearing before sessions court judge Azura Alwi continues tomorrow.