GEORGE TOWN, April 28 — Penang Chief Minister Lim Guan Eng is only challenging Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act in court and not the whole Act, said his special legal officer Raja Syarafina Raja Shuib.

She said some pro-government commentators who accused Lim of questioning the constitutionality of the MACC Act were inaccurate.

“The fact remains that the constitutional challenge is only taken in respect of Section 62,” she said in a statement issued today.

She said the section stated that once the prosecution delivers documents pursuant to Section 51A of the Criminal Procedure Code, the accused must deliver a defence statement and a copy of any document which would be tendered as part of the evidence to the prosecution before trial starts.

“There is no law to compel the prosecution to disclose their case and evidence before trial,” she pointed out.

She said the question raised in Lim’s challenge against Section 62 was why the accused is unfairly compelled to disclose his case and defence before trial.

“By doing so, the accused is effectively deprived of his whole spectrum of constitutional and human rights,” she said.

She said the section is a violation and an affront to the fundamental principle that an accused person is innocent until proven guilty.

“The onus of proving guilt is always on the prosecution and it will be against such a notion if the law were to compel the accused to furnish the prosecution with his defence statement and provide copies of the documents which he intends to use as part of his defence before prosecution commences against him,” she said.

She claimed that by disclosing the defence and evidence for the defence before trial, it provides an unfair advantage to the prosecution.

“Clearly, the accused will be prejudiced when the prosecution has the opportunity to use the defence statement and defence’s evidence to connect the dots or fill up the gap in the prosecution’s case,” she said.

Raja Syarafina was referring to Lim’s appeal to the Court of Appeal on his application that Section 62 of the MACC Act 2009 is unconstitutional.

Guan Eng’s initial application to the High Court that Section 62 was unconstitutional was thrown out by the Penang High Court.

Lim along with businesswoman Phang Li Koon were charged with graft over his house purchase deal last year.

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 to convert agricultural land to residential purpose during a state planning committee meeting on July 18, 2014.

Lim is alleged to have used his position to obtain gratification by purchasing his house from Phang at RM2.8 million, which was below the property’s market value of RM4.27 million on July 28, 2015.

Phang, meanwhile, was charged under Section 109 of the Penal Code for abetting Lim on July 28 last year in regards to his purchase of the house on Pinhorn Road from her for RM2.8 million which was below the market value or RM4.27 million whereby Lim had allegedly committed an offence under Section 165 of the Penal Code.

Phang is also challenging Section 62 of the MACC Act.

Trial for the corruption cases have been stayed pending Lim and Phang’s appeal to the appellate court.