Question: Have you received written notice under section 53 (3) of the Malaysian Anti-Corruption Commission Act 2009?

Answer: Yes I have signed this notice on 9.1.2018

(OKT is referred to the Arrest Notice Section 53 (3) of the Malaysian Anti-Corruption Commission Act 2009 dated 9/1/2018 in the name of Zarul Ahmad bin Mohd Zulkifli KP No.: 590907-09-5013)

I was arrested by a MACC officer named Khairul Anuar Bin Saad 9 January 2018 at 20.45hrs at the MACC Headquarters Precinct 7 Putrajaya. The MACC officer read out the provisions of section 53 (3) of the Malaysian Anti-Corruption Commission Act 2009 and explained to me the reasons I was arrested was that I was detained because I paid bribes to the Chief Minister of Penang and several others in connection with the underground tunnel project sea ​​and three major roads in Penang. I understand, then I signed this notice in the signature space of the recipient of the notice. I have received and kept a copy of this notice.

I am a Director in the Zenith Construction Sdn Bhd Consortium (KZCSB). ZCSB is a construction company owned by me through Zenith Construction and three share partners namely Ng Yin Meng, Dato Ang Un Hin and 555 Capital Sdn Bhd. The Zenith Consortium was established in 2011 solely for this tunnel project. For this tunnel project, the Zentih Consortium has entered into a joint venture with the Beijing Urban Contruction Group (BUCG) and named it the Zentih Consortium – BUCG (ZCSB-BUCG JV). BUCG is an investor from China. For this tunnel contract business, operate in the ZCSB office.

My deal with BUCG before JV in ZCSB-BUCG was through my own company ZCSB to enter the MRT tender at that time. I invite BUCG and another construction company, Juteras owned by Tan Sri Tajuddin Ramli. However, planning

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to continue to enter the tender for the Sungai Buloh – Kajang MRT was not implemented.

Nature of business Zenith Construction Sdn Bhd is a constuction below the G7 class. Zenith Construction has not yet implemented a project to attempt to enter the Sungai Buloh MRT Project tender. This Tunnel Project in Penang is the first project implemented by ZCSB-BUCG JV.

Regarding the project to build a tunnel package and three main roads in Penang worth RM6.3billion which was awarded by the Penang government to ZCSB – BUGS JV in 2013. From the RM6.3b, it is broken down into three stages namely: –

1. RM 305 million for flexsibility study and detail design work.
2. RM 500 million for land aquisation payments
3. RM 5.8b for construction work to build 3 highways and 1 tunnel under the seabed. The 3 highways are from Ayer Hitam to Lim Chong Eu Highway at 5 KM, Twin Road from Teluk Bahang to Tanjung Bunga with a distance of 10 km and Gurney Bypass from Jalan Pangkor to Jelutong Expressway about 5 kilo. Meanwhile, the Under Sea Bed Tunnel from Bagan Agam to Jalan Pangkor with a distance of 7 KM.

(I stopped recording the OKT statement at 13:00 hrs due to break time and Friday prayers)

(I resumed recording the conversation at 15:30 hrs). OKT is remembered with previous evidence.

Before I explain how I started getting this tunnel project, I must explain my introduction to YB Dato Sri Nazri Aziz. I am an acquaintance

 

Dato Sri Nazri Aziz. I am an acquaintance of B Dato Sri Nazri Aziz. I am an acquaintance

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to Dato Sri Nazri Aziz since 1999. I first got to know Dato Sri Nazri Aziz through Dato Sri’s brother-in-law named Syed Nagiff. That introduction to this day. My justification with Dato Sri Nazri Aziz is a close acquaintance. I often meet and have a drink with Dato Sri at the Shangri La Hotel Jalan Sultan Ismail. Dato Sri is always at the Shangri La Hotel.

Around January 2011, I met Datuk Seri Nazri Aziz at the Shangri La Hotel. The meeting was in the evening. My purpose in meeting with Datuk Seri Nazri Aziz is to have a drink together. That night I went alone. Upon reaching the lobby lounge of the Shangri La Hotel, I saw Datuk Seri Nazri Aziz with Lim Guan Eng, the Chief Minister of Penang. There are a few more people with Datuk Seri Nazri Aziz, whom I know is Rosli officer Datuk Seri Nazri Aziz, the late Shahidan only. and a few more that I can’t remember. Later, Datuk Seri Nazri Aziz invited me to sit with them and Lim Guan Eng. I greeted Lim Guan Eng after Datuk Seri Nazri Aziz told Lim Guan Eng my name and his friend. Lim Guan Eng seems to be coming alone because there are no other Chinese people there.

During the meeting, I introduced to Lim Guan Eng that I had a business deal with BUCG, and asked Lim Guan Eng if there were any projects in Penang that I could participate in. I explained to Lim Guan Eng with BUCG, a construction company from China that I once had a joint venture to enter the tender for the Sungai Buloh Ampang MRT. Lim Guan Eng seemed interested in my introduction and had invited me to meet him in Penang. My meeting with Lim Guan Eng and Datuk Seri Nazri Aziz that night was about an hour. While I was with Datuk Seri Nazri Aziz and Lim Guan Eng, no one else came interrupt to meet Datuk Seri Nazri Aziz and Lim Guan Eng. That night’s meeting between me and Lim

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Guan Eng and Datuk Seri Nazri Aziz are not in the planning. I deny that saying the meeting was just for me was directed by Datuk Seri Nazri Aziz to meet with Lim Guan Eng. There was no mention of the tunnel project that night between the three of us. Lim Guan Eng gave me his phone number. His phone number is stored on my mobile phone which is kept by the current MACC officer. After an hour of meeting I went home leaving Datuk Seri Nazri Aziz and Lim Guan Eng.

(At 16:08 the conversation was stopped due to OKT Asr prayers)

(At 16:45, I resumed the conversation and OKT was reminded of the previous conversation).

Following Lim Guan Eng’s invitation during the meeting at the Shangri La Hotel, about a month later, I contacted Lim Guan Eng on his mobile phone. My purpose is to contact Lim Guan Eng to arrange a meeting with him. In my conversation with Lim Guan Eng, Lim Guan Eng had agreed for me to meet him at his office. Lim Guan Eng has given me the date of the meeting. Next, a meeting was held with Lim Guan Eng at his office at Menara Komtar.

During the meeting at Lim Guan Eng’s office at Menara Komtar, I went with three BUCG Malaysia representatives, namely Ee Chin Fatt – contract manager, Lee Chee Hoe – business development manager and another named Yang Hong Lin – CEO of BUCG Malaysia. Yang Hong Lin is a PRC citizen. There is another one with me named ‘King’. Let me explain about King. King is a Chinese and King introduced me to the BUCG China company so we can set up a JV business to enter the MRT Sg Buloh Kajang tender before this. King Malaysian citizen who

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no longer with BUCG Malaysia.

Returning to the meeting session with Lim Guan Eng, the Chief Minister of Penang earlier, in the main meeting room in Lim Guan Eng’s office, Lim Guan Eng himself gave a briefing to me and the group. I understand this briefing was held specifically for my company only because no one else was in the meeting room listening to the briefing, except the four of us and Lim Guan Eng only. No officer Lim Guan Eng was with him.

At the briefing session, Chief Minister Lim Guan Eng had told that the Penang Government wanted to implement three highways and one tunnel under the sea bed tunnel. Lim Guan Eng only showed a big plan in the meeting room. Lim Guan Eng has shown the construction of the hihghway and the tunnel on the plan. The construction planned by Lim Guan Eng is 

 

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told me to get project details from Mr. Rajendran, Engineer at the Penang Municipal Council.

For me, after a briefing with Lim Guan Eng, me and BUCG Malaysia, I am confident to implement this project. This project of course I implemented through my company Zenith Construction Sdn Bhd and BUCG Malaysia Sdn Bhd on a JV.

Even during the briefing, Lim Guan Eng did not tell the value of the project. I can estimate the value of the project is around RM7 billion. That is why BUCG and I are confident that we can implement this project, and that is what we told Lim Guan Eng during the briefing. In fact, this project was formerly known as PORR- Penang Outering Ring Road (PORR).

OKT re-read the conversation and acknowledged it was correct.

Question Answer

Question Answer Question Answer

: Is your testimony true in this case ?. : Yes.

: Are you forced / threatened to give the above statement? : None

: Do you want to amend your statement ?.

: None

Signature of Examined Person Signature of Examiner …………………………………….. … ……………………………

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Zarul Ahmad Bin Mohd Zulkifli

Recording ends at 18:00 hrs.

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Wan Zulkifli Mohamed, PsK

I, Wan Zulkifli Bin Mohamed, PsK resumed the statement of Zarul Ahmad Bin Mohd Zulkifli, NO K / P: 590907-09-5013 on 13.1.2018 at 10:00 am in room VIR 13 Putrajaya MACC Headquarters. Before the recording of the statement was taken, I re-read his statement which was recorded on 12.1.12018.

Before the statement was recorded, I read to the person examined the requirements of section 53 (3) of the Malaysian Anti-Corruption Commission Act 2009 as follows:

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“You have been arrested / informed that you may be charged under section 18 ASPRM 2009. Do you want to say anything? If there is any fact that you want to use in your defense in court, you are advised to state it now. If you do not state it until you go to court, there is less chance your evidence will be trusted and this will have a detrimental effect on your case in general. If you want to state any fact now, and you want it written down, this will be done. ”

Question: Do you understand the provisions of section 53 (3) of the Malaysian Anti-Corruption Commission Act 2009 which has been read to you?

Answer: Yes, I understand.

……………………………… ………….. ………. T / T Person Examined by Interpreter

Zarul Ahmad Bin Mohd Zulkifli

…………………………… T / T Inspecting Officer.

PsK Wan Zulkifli Bin Mohamed

In answer to my questions, OKT Zarul Ahmad Bin Mohd Zulkifli has stated the following: –

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Answer Questions

Answer

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: Do you want to continue your statement now. If you want I will do ?.

: Yes.

: Are you being pushed, threatened or promised anything

to give this statement? : None.

: Do you want to complain about any pain ?. : None

: Have you been beaten or injured ?. : No.

 

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Question: Is it comfortable to record the evidence this morning ?. Answer: Comfortable.

I would like to explain how I can estimate the value of this tunnel project. It is based on the PORR Project which was first planned by the Penang Government before the government of Lim Guan Eng. What differentiates this PORR project and the Tunnel Project is the PORR project without tunnels and coaster road from Tanjung Bunga to Jalan Gurney. I rely on the strength of BUCG Malaysia to implement this tunnel project. BUCG Malaysia is the developer of Pavillion.

As for my company ZCSB, the company’s financial position is strong with a working capital of RM12.5 million. This shows we are able to implement the project. The ownership position in ZCSB is as follows: –

1. Wira Syukur (M) Sdn Bhd.
2. Ng Yin Meng. Mr. Ng is a land surveyor.
3. 555 Capital Sdn Bhd. The company is owned by Datuk Chew Khoon Aik.

The directors in ZCSB are: – 1. Zarul Ahmad (me).

2. Ibrahim Bin Saari,
3. Wong Kwai Wah.
4. Lee Chee Hoe
5. Dato Zainal Abidin Bin Abdul Rahim

With regard to financial management i.e. check signing for ZCSB account, ZCSB has UOB account. I forgot which branch. Who will sign

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ZCSB checks are between two of the four people i.e. either I, ibrahim, wong or Lee only.

Next, after the first briefing meeting with Mr. Lim Guan Eng, I needed detailed information related to this project. I met with Mr. Rajendran of the Penang Municipal Council and got detailed information. I got detailed information from Rajendran about a week from the briefing date with Lim Guan Eng. From that information, ZCSB conducted a rough study on how to implement the project.

Next, in March 2011, I received a call from Mr. Lim Guan Eng. Lim Guan Eng told him he wanted to meet me at the Italian Restaurant in Jalan Ampang. That night, I went to see him and was with Datuk Seri Nazri Aziz there. At the restaurant, not a single thing arose in connection with this tunnel project. No discussion. When I sent Mr. Lim Guan Eng to the Garden Hotel in my car, Lim Guan Eng told me that the Chinese Prime Minister would visit Malaysia and of course some MOUs would be signed while the Chinese Prime Minister was in Malaysia. Lim Guan Eng suggested to me that I arrange an MOU between BUCG and the Penang Government, which will be witnessed by the Prime Minister of China and the Prime Minister of Malaysia. Mr. Lim Guan Eng told me that if I could implement the MOU, the project would be given to me. Only Lim Guan Eng and I were in my car. I give my consent to Lim Guan Eng to make the MOU event a success as proposed by Lim Guan Eng. I feel happy and confident in believing in what Lim Guan Eng told me to give the project my estimated RM7 billion. After that, I told Lim Guan Eng that I would give 10% of the profit of the project later. I can not confirm/ recall, whether Lim Guan Eng had asked how much I would give him. The point of the 10% was that it is the bribe money I will give Lim Guan Eng. “I thought I saw Lim Guan Eng smile when I said I’d give him 10%. Lim Guan Eng did not say No [to the offer] nor say he did not [want it]. Then Lim Guan Eng arrived at Hotel Garden and I passed by.

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In the same month (the exact date I do not remember), I contacted my friend Dato ‘Roslan Bin Abd Rahman who is a Senior Officer in the Ministry of Foreign Affairs to inform the matter. Dato ‘Roslan then gave the phone number of a senior officer (my name I do not remember) in the Ministry of Foreign Affairs to conduct the signing ceremony of the MOU. The officer has included in one of the agendas to sign the MOU. I was present at the MOU ceremony and was also witnessed by the YAB Prime Minister and Prime Minister of China.

After the ceremony was successfully held, I met with Lim Guan Eng at his office in Menara Komtar, Penang to claim the promise he offered the project to me. At that time only me and he were together. Lim Guan Eng informed me that the project cannot be done directly by negotiation but must be done by open tender. However, Lim Guan Eng has told me that the tender has not yet been implemented and I have a long time to prepare the working paper to obtain the tender. P

 

work to obtain the tender. At first I was very disappointed because at first I had already informed the BUCG company about the project. However, I took the initiative by meeting with the Chairman of the BUCG company in Beijing China to get a financial and technical commitment and agreed by the Chairman of the BUCG. The main purpose of the meeting was to conduct joint work (Joint Venture) between my company, Zenith Construction Sdn Bhd

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(ZCSB) with BUCG company.

The new ZCSB Company was established by me on 22.8.2011 for that purpose. The initial agreement obtained was that BUCG held a share of 80% and ZCSB of 20% as BUCG company would be the main funder. However, because ZCSB could not get a guarantee from the Penang State Government for the project, then BUCG did not get to be the main funder. Therefore, I took the initiative by setting up the Consortium Zenith BUCG Sdn Bhd (CZBSB) company through a joint venture between ZCSB together with BUCG companies in Malaysia, Juteras Sdn Bhd (JSB) and Sri Tinggi Sdn Bhd (STSB) owned by Tony Tan Cheng Kiat is the Founder of Bina Puri Sdn Bhd. My company ZCSB holds 70% shares, BUCG 10%, JSB 10% and STSB 10%. However, the CZBSB company had not yet been established at that time and the initial plan was to enter the tender using the four companies. However, the planning was not continued and on 5.7.2012, CZBSB was established due to a unanimous decision to set up the CZBSB company. The purpose of setting up CZSB is to enter the tender for the project.

With regard to the tender process, my company has the advantage of knowing more about the tender information before. I confirm that CZCSB has entered the tender with a price of RM6.3 billion for all four packages, namely three highaway and one tunnel. On 23.1.2013, CZSB company was awarded the ‘Penang Major Road and Third Link Project’ tender worth RM6.3billion. The tender awarded by the Penang Government for the Penang Major Road and Third Lin Project consists of works according to the package and the values ​​are as follows: –

1. RM 305 million for flexsibility study and detail design work. 2. RM 500 million for land aquisation payments

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3.RM 5.8b for construction work to build 3 highways and 1 tunnel under the seabed. The 3 highways are from Ayer Hitam to Lim Chong Eu Highway at 5 KM, Twin Road from Teluk Bahang to Tanjung Bunga with a distance of 10 km and Gurney Bypass from Jalan Pangkor to Jelutong Expressway about 5 kilo. Meanwhile, the Under Sea Bed Tunnel from Bagan Agam to Jalan Pangkor with a distance of 7 KM.

After CZCSB was awarded a tender by the Penang government on 23.1.2013, I explained again about the 10% portion of bribe money to Lim Guan Eng when I spoke to Lim Guan Eng in the car on the way to the Garden Hotel that night, the 10% portion was canceled because I obtaining this tender is through an open tender process. The 10% promise is if I am awarded a tender directly negotiable.

However, I have made some other payments to Lim Guan Eng and several other Honorable Members in the Penang government after CZCSB obtained the RM6.3 billion tender.

I can remember the first time I gave bribe to Lim Guan Eng was in April 2013. I can remember because that time was close to the 2013 election in May 2013. The amount I gave to Lim Guan Eng for the first time was RM300 thousand. I leave it to Jefry Chew, LIm Guan Eng officer at Starbuck Bayan Baru Penang. I initially called Lim Guan Eng to hand over the RM300 thousand, but could not. Then I called Jeffry Chew. My purpose in giving the RM300 thousand is to ensure that the project obtained worth RM6.3 billion is guaranteed, that is, there is no cancellation of the project by the Penang Government. I myself handed over the RM300 thousand

 

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to Jefry Chew. Money is placed in a blue sports bag. Only I and Jefry Chew were there at the time. After I handed it over to Jefry Chew, I did not call or tell Lim Guan Eng that I had given RM300 thousand cash to Jefry Chew for him. The reason is, Lim Guan Eng did not ask for the money. I gave the money to Lim Guan Eng without Lim Guan Eng asking. When I handed over Lim Guan Eng RM300 thousand to Jefry Chew, I told Jefry Chew to hand over the RM300 thousand cash to Lim Guan Eng. That money is not money for Jefry Chew. That’s Lim Guan Eng’s money. I believe that Jefry Chew has handed over the RM300 thousand to Lim Guan Eng, although Jefry Chew did not tell me that he had handed over the money to Lim Guan Eng. I deny that the RM300 thousand cash I gave to Lim Guan Eng was my contribution to the DAP party for the use of the 13th GE election. The money was money to Lim Guan Eng. I have not received any receipt or receipt of money from the Penang State Government or from the DAP party. The RM300 thousand I got from ZCSB company. Ibrahim who removed from the company bank.

(Recording stopped at 13:30 pm for OKT provided lunch and rest as well as prayer room).

(Recording resumes at 14:30 pm. OCT is remembered by his last statement)

Apart from Chief Minister Lim Guan Eng, in April 2013 on the same day after I handed over RM300 thousand to Jeffry Chew, I went to the Komtar building to give cash to several Penang Exco members, namely YB Lim Hock Seng, YB Ramasamy Deputy Chief Minister, YB Chow Kon Yeow and YB Abdul

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Malek Kassim | The cash donations to the Exco-exco to ensure that I have good relations with the Penang government, not to mention that they are the Exco who will make important decisions related to this project during the Exco meeting or in any meeting related to progress this project.

For YB Lim Hock Seng, the amount of cash that I personally handed over to YB Lim Hock Seng is only RM50 thousand. I handed it over to YB Lim Hock Seng at his office, 52nd floor of the Komtar Building. YB Lim Hock Seng is the exco in charge of this project. Among the involvement of YB Lim Hock Seng is to expedite the Prelimanary Agreement process between CZSB company and the Penang Government. I confirm, YB Lim Hock Seng did not ask for this RM50 thousand from me. But while receiving RM50 thousand from me, YB Lim did not refuse. The exact date YB Lim Hock Seng received RM50 thousand from me, I am not sure when, but in April 2013 it was afternoon time in his office. No one else is with. Only me and YB Lim Hock Seng were in his office at that time. The RM50 thousand is for YB Lim Hock Seng himself. I have not received any proof of receipt of RM50 thousand from the Penang Government or the DAP Party if the money has been used by the party or put into the Penang State Government account. This RM50 thousand cash source is from ZCSB company money.

Penang Exco-Exco is on the 52nd floor of the Komtar Building, after I handed over RM50 thousand to YB Lim Hock Seng, I went to the office of YB Ramasamy, the Tim. Chief Minister. In YB Ramasamy’s room, I handed over RM50 thousand cash which was placed in a white envelope to YB Ramasamy. Of course, YB Ramasamy is one of the Exco in charge of this project. Among the involvement of YB Ramasamy is to expedite the process of Prelimanary Agreement between CZSB company and the Penang Government. Like YB Lim Hock Seng, YB Ramasamy did not ask for the RM50 thousand from me. But while receiving RM50

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thousand from me, YB Ramasamy did not refuse. The exact date YB Ramasamy received RM50 thousand from me I am not sure when, but in April 2013 it was afternoon time in his office. No one else is with. Only me and YB Ramasamy were in his office at that time. The RM50 thousand is for YB Ramasamy himself. I have not received any proof of receipt of RM50 thousand from the Penang Government or the DAP Party if the money has been used by the party or put into the Penang State Government account. This RM50 thousand cash source is from ZCSB company money.

Another Exco who received RM50 thousand in cash from me in April 2013 on the same day as YB Ramasamy and YB Lim Hock Seng is Yb Chow Kon Yeow. YB Chow Kon Yeow is the Exco in charge of Transport Masterplan. Of course YB Chow is involved with the Pe project

However, decisions are made in relation to this project if the exco is involved

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is in the Exco meeting. After handing over the money to the three exco, I was invited by YB Abdul Malik into his room. Before that, in the three days before I handed over the money to YB Abdul Malek, YB Abd Malek called me to ask for money. YB Abdul Malek did not say how much he wanted. While in YB Abdul Malek’s room, at that time only me and YB Abdul Malek were together. No other officers. I took out RM50 thousand that I put in the envelope and told YB Abdul Malek there was RM50 thousand in the envelope. YB Abdul Malek did not refuse and asked what money. I told YB Abdul Malek that the money was for him whom he called during the day. YB Abdul Malek knew me and had met while managing this project. YB Abdul Malek knows me from the Contractor who manages the Penang Tunnel Project RM6.3b. The exact date YB YB Malek received RM50 thousand from me, I am not sure when, but in April 2013 it was afternoon time in his office. The RM50 thousand is for YB Abdul Malek himself. I have not received any proof of receipt of RM50 thousand from the Penang Government or the PKR Party if the money has been used by the party or put into the Penang State Government account. This RM50 thousand cash source is from ZCSB company money.

For giving cash to exco-exco, only four YBs are involved above, namely YB Ramasamy, YB Lim, YB Chow and YB Abdul Malek. The total cash for the four of them is RM200 thousand. But for YB Lim Guan Eng, I still have to give cash to YB Lim Guan Eng after his share of RM300 thousand was handed over to Jefry Chew in April 2013.

The second cash I gave to Lim Guan Eng was in August 2013 ahead of Hariraya Puasa which is after the 13th election, Lim Guan Eng is still the Chief Minister in the Penang Government and this will make it easier for me to implement this project. On

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September 2013, my company is in the process of getting a preliminary agreement quickly because LOA has been obtained. Without Lim Guan Eng it would be difficult if he needed his decisions involving the Penang state government. In contrast to the first RM300 thousand grant, this time I personally handed over RM100 thousand to Lim Guan Eng at his office on the 28th floor of Menara Komtar. I put the RM100 thousand cash in the envelope and Lim Guan Eng himself received the money in the room. It was 5.00 pm and no other officers were with him. Only me and Lim Guan Eng .. On the day I handed over the RM100 thousand, I had an appointment in advance with the Chief Minister’s office. However, when I entered Lim Guan Eng’s office, I did not have the signature of any visitor’s book confirming my presence. I got the RM100 thousand money which is the money of the company managed by Ibrahim. The RM100 thousand is for YB Lim Guan Eng. I have not received any proof of receipt of RM100 thousand from the Penang Government or the DAP Party if the money has been used by the party or put into the Penang State Government account. This RM100 thousand cash source is from ZCSB company money.

The amount of cash that Lim Guan Eng received from me in 2013 was RM400 thousand. That is RM300 thousand through Jefry Chew and RM100 thousand during Eid al-Fitr in August 2013.

In 2014, in February 2014 ahead of the Chinese New Year celebration, I once again went to the office of YB Lim Guan Eng on the 28th Floor of Menara Komtar. I went alone. Before leaving, I made an appointment with the office of the YB Chief Minister, but when I entered his office, I did not have the signature of any visit book. As soon as he arrived at the office of YB Lim Guan Eng. I was invited in by YB Lim

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Guan Eng. The time was in the afternoon around 5.00 pm. There were no other officers at that time. I told YB Lim Guan Eng that I had brought RM100,000 in cash in the white envelope. Then YB Lim Guan Eng received the RM100 from me after I handed it to him. YB Lim Guan Eng did not ask what money, he did not refuse. YB Lim Guan Eng is the Chief Minister of Penang who will make any decision on the project in the exco meeting or any meeting related to this project. At this stage, my company has been given the LOA to implement this Penang Tunnel project in the process of obtaining a preliminary Agreement with the State Government. My lawyer at the time was dealing with the Legal Side of the Penang Government. I was in YB Li’s room

 

Next in December 2014, I celebrated YB Lim Guan Eng’s birthday celebration by giving him RM100,000 in cash at his office on the 28th floor of Menara Komtar. I went there alone after making an appointment with the Chief Minister’s office. I arrived in the afternoon around 5.00 pm. but upon entering his office, I did not have the signature of any visit book. As soon as he arrived at the office of YB Lim Guan Eng. I was invited in by YB Lim Guan Eng. There were no other officers at that time. I told YB Lim Guan Eng that I had brought RM100,000 in cash in the white envelope. Then YB Lim Guan Eng received the RM100 from me after I handed it to him. YB Lim Guan Eng

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did not ask what money, he did not refuse. YB Lim Guan Eng is the Chief Minister of Penang who will make any decision on the project in the exco meeting or any meeting related to this project. At this stage, my company is in the process of conducting a flexsibilty study. I was in YB Lim Guan Eng’s room only for a moment. YB looks happy after receiving money from me. I got the RM100 thousand money which is the money of the company managed by Ibrahim. The RM100 thousand is for YB Lim Guan Eng. I have not received any proof of receipt of RM100 thousand from the Penang Government or the DAP Party if the money has been used by the party or put into the Penang State Government account. This RM100 thousand cash source is from ZCSB company money.

Next in 2015, on YB Lim Guan Eng’s birthday in December 2015, I like last year brought RM100 thousand cash and a black Maurice Lacroix watch worth RM40 thousand to YB Lim Guan Eng’s office on the 28th floor of Menara Komtar. Before leaving, of course I made an appointment in advance with the Chief Minister’s office, the time was given in the afternoon at 5.00 pm. Upon arrival, I was invited in by YB Lim Guan Eng. There are no other officers together. YB Lim Guan Eng and I alone in his room. After sitting down and chatting for a while. YB asked about this tunnel project. I told YB Lim Guan Eng who is still in the stage to carry out flexsibilty study. Then I told YB Lim Guan Eng that I had brought RM100 thousand cash and a hand for him in conjunction with his birthday. I handed over RM100 thousand and the watch was complete with a black box, after that, YB Lim Guan Eng gave the RM100 thousand back to me by saying, money is not worth it. The Maurice Lacroix brand watch was received by YB Lim Guan Eng. He opened the clock box and looked at the clock. YB Lim Guan Eng looked happy when he received the watch from me. After that, I left the office of YB Lim Guan Eng. I did not see YB Lim Guan Eng

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wear the watch I gave it. As for the Maurice Lacroix brand watch, I myself bought it from a watch seller named Rajendran. Rajendran brought this Maurice watch to my office. And this watch worth RM40 thousand is paid by using a check from UOB ZCSB bank account. YB Lim Guan Eng never asked for the watch in conjunction with his birthday. I gave it to YB Lim Guan Eng. My purpose in giving the watch is simply to ensure that the implementation of my Penang Tunnel project runs smoothly with the Penang Government.

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: From the above information, a total of RM200 thousand has been given to four Penang Government exco members each RM50 thousand each for YB Ramasamy, YB Chow, YB Lim and YB Abdul Malek. What is that money ?.

: The money is my bribe to them from me.

: What is the purpose of the money given to the four YB Exco ?.

: Because the exco-exco is making decisions related to the Penang Tunnel project awarded to my company.

: What about the cash payment to YB Lim Guan Eng, Chief Minister of Penang of RM600 thousand and a luxury watch brand Maurice Locroix worth RM40 thousand. What is that money ?.

: That is my bribe to YB Lim Guan Eng. As the Chief Minister, of course, he has the power to make decisions on any proposal in the meeting related to this project, especially in the exco meeting.

 

 

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SPRM 030/09

: From your testimony, there is no indication that YB Lim Guan Eng, YB Ramasany, YB Chow, YB Lim and YB Abdul Malek asked for money from you as well as watches for YB Lim Guan Eng. Why did you give the cash and the luxury branded watch ?.

: They have the power to determine this project.

: What are your biggest concerns with this project ?.

: Many decisions can be delayed if YB-YB Exco and Chief Minister do not interfere and disrupt this project. I was given a project that took 10 years from 2013 to 2023, of course any decision can be changed by the YB-YB above. Another is that it involves land acquisition, of course it involves decisions from YB YB above and the Chief Minister.

: Is your gift to YB – YB above amounting to RM800 thousand is your loan to them ?.

: Not a loan. They did not borrow from me. That is real corruption.

: Apart from this Penang Tunnel project, does CZSB implement other projects in Penang ?.

: None.

 (Recordings of evidence stopped at 16:15 for OCT rest and prayers)

(Recordings of evidence resumed at 16:45. OCT is remembered with previous evidence).

I also want to explain that I have made cash payments to

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Connection Statement

several other parties in time acquired this project. The Penang Tunnel project is a huge project, not to mention the MOU between BUCG and the Penang Government witnessed by both Prime Ministers.

Among the other parties that I have given cash to get this Penang Tunnel project is Dato Sri Nazri Aziz. He is my acquaintance. Of course every election I help him. For the recent 2013 election, I have given RM500 thousand in cash to Dato Seri Nazri Aziz. Dato Sri Nazri Aziz and Lim Guan Eng are friends, that’s what everyone knows. Dato Sri Nazri Aziz who introduced me to Lim Guan Eng at the Shang ri La Hotel on the night of the day. I handed over the RM500 thousand to Dato Sri Nazri Aziz himself at his house at UBN Tower, Jalan Sultan Ismail. The incident took place in April 2013 in the evening. There was an officer of Dato Sri there at that time together. I do not remember who. Dato Sri Nazri Aziz told me to put the RM500 thousand in his room in his house. I put the RM500 thousand in a plastic bag only. The RM500 thousand is from the ZCSB company account. My staff Ibrahim who removed from ZCSB bank.

Apart from Dato Sri Nazri Aziz, I am an acquaintance of YB Datuk Seri Ismail Sabri, in 2013 he was the Minister of the Ministry of Domestic Trade and Consumer Affairs. I used to hold the position of advisor in Kowaja Cooperative and from there I became acquainted with Datuk Seri Ismail Sabri. Next in April 2013 before the 2013 election, I contacted Dato ‘Nazimah. Dato ‘Nazimah is the Private Secretary to YB Datuk Seri Ismail Sabri. Dato ’Nazimah came to see me at the TGIF Plaza Damas Restaurant. Dato Nazimah came with Dato ‘Dini, the Press Secretary of YB Datuk Seri Ismail Sabri. I have given to Dato Nazimah RM200 thousand cash which was also witnessed by Dato Dini. Money is put in a plastic bag only. The purpose of this cash is for the election expenses of YB Datuk Seri Ismail Sabri. The RM200 thousand was managed by my staff

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Connection Statement

Ibrahim who took it from the company’s bank account.

Another is YB Datuk Halimah Sadique, the former Chairman of the CVLB Board. He has been my acquaintance since 2008. Through Dato Seri Nazri Aziz at that time, Dato Sri Nazri Aziz was the Minister at JPM. I confirmed in April 2013, I had met YB Datuk Halimah myself, but the place I can not remember. I met him and handed him RM100,000 in cash which I put in a white envelope. My purpose in giving the RM100 thousand was to help YB Halimah in the GE13 election at that time. The source of the RM100 thousand is from the ZCSB bank account managed by my staff Ibrahim who removed it from the bank.

There is another Member of Parliament that I helped by giving cash, namely YB Nor Jazlan Rahmat. Many of my acquaintances are politicians. I have known YB Nor Jazlan since around 2009 or 2010. At that time, I had contacted YB Nor Jazlan to meet me at Lake Clib KL Taman Tasik Perdana. I confirmed that I had given RM100,000 in cash to Nor Jazlan at the Lake Club Taman Tasik Perdana Club. The purpose was to help YB Nor Jazlan at that time who was campaigning for the 2013 election. There was no one else at that time. The source of the RM100 thousand is from the ZCSB bank account managed by the staff

 

In April 2013, I also gave RM50 thousand cash to the special officer YB Datuk Sri Zahid Hamidi, the name of the special officer was Dato Engku Kamal. Dato Engku is my neighbor. I gave the RM50 thousand for Dato Engku to spend while Dato Engku followed YB Datuk Sri Zahid Hamidi in the recent 2013 election campaign. The source of the RM50 thousand is from the ZCSB bank account managed by my staff Ibrahim who removed it from the bank.

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Connection Statement

I also spent RM50 thousand to Dato Zainal Abidin Bin Abd. Rahim, BNBBC Secretary who is also a Director in ZCSB. I gave RM50 thousand cash to Dato Zainal in my room for him to use during the 2013 election. He came to ask for RM50 thousand from me and I gave it to him. The source of the RM50 thousand is from the ZCSB bank account managed by my staff Ibrahim who removed it from the bank.

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Answer

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Answer

: Cash payments to YB Datuk Seri Ahmad Zahid Hamidi, YB Ismail Sabri, YB Nazri Aziz, YB Halimah Sadiq and YB Nur Jazlan and Dato Zainal Abidin Ab.Rahim in April 2013 what is the real purpose ?. : My support to my acquaintance YB YB above. They have nothing to do with this case.

: If it has nothing to do with this case, why do you want me to use it as your testimony in this case ?.

: I want to enter the evidence because if anyone asks about the existence of other payments, I will use my statement.

: Are the cash payments to YB Datuk Seri Ahmad Zahid Hamidi, YB Ismail Sabri, YB Nazri Aziz, YB Halimah Sadiq and YB Nur Jazlan and Dato Zainal Abidin Ab. Rahim using money from land swipping financing in this case ?.

: No. Land swipping only in 2015. Not currently. The money has nothing to do with this case.

2015, while developing this project, lot 702 land was developed with

In the year

Condominium project by Ewein Zenith Company. Housing development requires

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Connection Statement

advertising approval from KPKT. That year, the Minister of KPKT was Datuk Rahman Dahlan. Special Officer Datuk Rahman Dahlan named Dato Tg. Azman came to meet me at a restaurant in Jalan Tunku Abdul Rahman in June 2015. Dato Tg. Azman asked for RM500 thousand to guarantee the approval of advertising was approved. I handed over RM500 thousand to Dato Tg. Azman at the KPKT office a few days later from a meeting at Jalan Tunku Abdul Rahman. No one else was with me when I handed over the money to Dato Tg. Azman. The source of the RM500 thousand is from the ZCSB bank account managed by my staff Ibrahim who removed it from the bank.

Question: What is the purpose of paying RM500 thousand to Datuk Rahman Dahlan ?. Answer: Corruption fee for approving advertising permit for condo project on Island

Penang developed in Lot 702 by Ewin Zenith Sdn Bhd.

In August 2017, I found out from the media that there was an investigation by the MACC on the Penang Tuneel project. I was nervous and scared. I immediately complained about the matter to Datuk Sri Nazri Aziz. I met Datuk Sri Nazri Aziz and I was with Dato Sri Nazri’s friend at the time, D.S Ghana Rajah. D.S.Ghana Rajah introduced by Dato Sri Nazri is a close acquaintance with the Prime Minister. At Dato Sri Nazri’s house I told D.S.Ghana Rajah with an investigation by the MACC on my project. The meeting at Dato Sri Nazri Aziz’s house did not discuss any request from D.S.Ghana Rajah.

Next, the second time I met D.S.Ghana Rajah was at D.S.Ghana Rajah’s house in section 5 Petaling Jaya. I went with a driver named Rajesh. While at D.S.Ghana Rajah’s house, I asked D.S.Ghana Rajah, how much to give to the PM, D.S.Ghana Rajah told RM2 million. I asked for less to RM1 million only, but D.S.Ghana Rajah refused, still RM2 million because

 

Connection Statement

RM1 million is too little. I also agree. D.S.Ghana Rajah told me to hand over RM2 million in cash at Austin Hotel Petaling Jaya.

Two days later, I accompanied Rajesh to the Austin Hotel at about 8 p.m. I went to the hotel lobby and met D.S.Ghana Rajah. D.S.Ghana Rajah asked where the RM2 million money was, I told him he was in the car with the driver in the parking lobby. In a meeting with D.S.Ghana Rajah at the Austin Hotel, D.S.Ghana Rajah asked me how much I wanted to give to the PM, I told him RM5 million. D.S.Ghana Rajah does not agree with saying this is PM. Then I went up to RM10 million. Also D.S.Ghana Figure says little. Then I told D.S.Ghana Rajah that I got a loan of only RM25 million from Maybank. And want to use the money for working capital. Then I set RM15 million. D.S.Ghana Rajah also agrees. In the hotel lobby of the Austin Hotel, D.S.Ghana Rajah showed me a wassap message in which I read there is my name there, and there is the word will be charge under AMLA. I was shocked and very scared. D.S.Ghana Rajah told him he got the message from the PM. After I agreed to make the payment of RM15 million to the PM, D.S.Ghana Rajah did not tell me how to make the payment of RM15 million to the PM.

After that, D.S.Ghana Rajah and I each passed by and headed to our respective cars. As soon as I got to my car in the lobby parking lot, I waited for D.S.Ghana Rajah car. As soon as D.S.Ghana Rajah arrived with his car, I got out of the car and took out a black bag containing RM2 million in cash and gave it to the black bag to D.S.Ghana Rajah. D.S.Ghana Figure does not get out of the car. He told me to put a black bag in the back seat of his car. The D.S.Ghana Rajah car came with the driver. His car type is a black Bentley. I do not remember the full registration number, but only the number 1.

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Connection Statement

About a week later, I received a wassap from D.S.Ghana Rajah. In the wassap, D.S.Ghana Rajah provided the company name and bank account number for me to deposit RM15 million for the PM. The name of the company is Bumi Muhibbah Sdn Bhd. I do not remember the account number, but it is in Ibrahim. The phone I used was sold and I did not keep it. The phone number is my phone number 012-2605199. After that, I need to get the RM15 million. I found out that the loan money from Maybank was not there yet, then I continued to meet Datuk Ng from Wira Syukur Sdn Bhd. Wira Syukur Sdn Bhd is a share holder of ZCSB. I directed Datuk Ng to TT to Bumi Muhibbah Sdn Bhd in the amount of RM15 million. After I was informed by Datuk Ng that Wira Syukur had made the payment of RM15 million, I spoke to D.S.Ghana Rajah and told me that I had deposited RM15 million into the Bumi Muhibbah account.

About a month after I made the payment of RM15 million to Bumi Muhibbah, D.S.Ghana Rajah called me and asked for another RM2 million. He said to ‘keep it warm’. Usually D.S.Ghana Rajah is always at the Austin Hotel. I do not remember when the exact date, I brought RM2 million in cash and handed it over to D.S.Ghana Rajah. It was late at night around 11 p.m. The money is put in the bag. D.S.Ghana Figure opened the bag and passed.

The payments given to D.S.Ghana Rajah amounting to RM19 million are all for the PM to settle my case with the MACC and strengthen my relationship with the PM for my company’s future business.

I am really worried if there is a MACC investigation into this project, because I am afraid my company’s reputation will be affected and the case involves AMLA, I am worried that the company’s account will be frozen and there is no other way to finance the implementation of the project. For that, after the payment of RM19 million was given to the PM through D.S.Ghana Rajah, I contacted another of my acquaintances, Dato Jaabar. I know Dato Jaabar

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Connection Statement

close acquaintance with Datuk Azeez Rahim YB Baling. I told Dato Jaabar that the MACC is conducting an investigation into the project. After that, Dato Jaabar told me that Datuk Azeez Rahim asked for RM4 million to help settle the MACC investigation into my company. Around August 2017, I met Dato Jaabar in the lobby of the Mandarin Oriental hotel. Meeting in the afternoon around 4 o’clock. I went there with Rajesh. I put RM1 million in a sports bag. After Dato Jaabar arrived and met me in the hotel lobby, I handed the money to Dato Jaabar. Dato Jaabar opened the bag and looked into the bag. Dato Jaabar came alone. The meeting with Dato Jaabar was only for a moment and he told me not to worry. Then Dato Ja

 

Regarding the payment of RM3 million to Datuk Abdul Azeez Rahim, it is only for the PM to close my investigation case with the MACC. I never received a call from Datuk Abdul Azeez Rahim after I gave money to Dato Jaabar. I believe that the money I gave RM3 million to Dato Jaabar has reached Datuk Abdul Azeez Rahim.

In relation to my detention, I cooperate fully with the MACC today by disclosing the bribery payments that I have mentioned in this statement. Of course this collaboration is not for today but

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Connection Statement

I agree to come to the MACC again if I still need information from me. OKT re-read the conversation and acknowledged it was correct.

Question Answer Question Answer Question Answer

: Is your testimony true in this case ?.

: Yes.

: Are you forced / threatened to give the above statement? : None

: Do you want to amend your statement ?.

: None

Signature of Person Examined ……………………………………. Zarul Ahmad Bin Mohd Zulkifli

Recording ends at 18:00 hrs.

Examiner’s Signature ……………………………

Wan Zulkifli Mohamed, PsK

I am Wan Zulkifli Bin Mohamed, PsK resumed the statement of Zarul Ahmad Bin Mohd Zulkifli, K / P NO: 590907-09-5013 on 14.1.2018 at 16:00 pm in VIR room 13 MACC Putrajaya Headquarters. Before the recording of the statement was taken, I re-read his statement which was recorded on 12.1.12018 and 13.1.2018.

Before the statement was recorded, I read to the person examined the requirements of section 53 (3) of the Malaysian Anti-Corruption Commission Act 2009 as follows:

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“You have been arrested / informed that you may be charged under section 18 ASPRM 2009. Do you want to say anything? If there is any fact that you want to use in your defense in court, you are advised to state it now. If you do not state it until you go to court, there is less chance your evidence will be trusted and this will have a detrimental effect on your case in general. If you want to state any fact now, and you want it written down, this will be done. ”

Question: Do you understand the provisions of section 53 (3) of the Malaysian Anti-Corruption Commission Act 2009 which has been read to you?

Answer: Yes, I understand.

……………………………… T / T Person Examined

Zarul Ahmad Bin Mohd Zulkifli

…………………… Interpreter

…………………………… T / T Inspecting Officer.

PsK Wan Zulkifli Bin Mohamed

In answer to my questions, OKT Zarul Ahmad Bin Mohd Zulkifli has stated the following: –

Question

Answer Questions

Answer Questions Answer Questions Answers

: Do you want to continue your statement now. If you want I will do ?.

: Yes.

: Are you being pushed, threatened or promised anything

to give this statement?

: None.

: Do you want to complain about any pain ?. : None

: Have you been beaten or injured ?.

: No.

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Today, I explain about how with funding sources for ZCSB to carry out flexsibility study work. From 2013 to 2015, before land swipping was obtained by ZCSB. Land ‘Swimming’ method used by the Penang Government for financing this Penang Tunnel project, the land seized is at Lot 702 and Lot 713 Jalan Jalan Seri Tanjung Pinang. The transfer of Lot 702 land to ZCSB was completed in 2015 and Lot 213 in 2017. The area of ​​lot 702 land is 3.67 acres worth RM133 million. Lot 713 covers an area of ​​2.0 acres worth RM73 million. Both lots are not involved in the development of this project. That means not part of the highway track.

After I acquired Lot 702, I together with Dato ‘SK Ewe (ESK) set up a company called Ewein Zenith Sdn Bhd (EZSB). I gave Dato ESK a 60% stake in EZSB and the remaining 40% is owned by me. 60% ownership is equivalent to RM79.8 as well, but after I paid a premium of RM5 million, the net amount I received was RM74.8 million. Dato ESK has paid RM74.8 million to ZCSB Public Bank Account in 2015. The exact date is on the dept account. EZCB has developed lot 702 with the construction of 700 condominium condominiums in Jalan Seri Tanjung Pinang. The project is still in progress.

With regard to Lot 713 with an area of ​​only 2.0 acres, I have registered the land in the name of Zenith Urban Development Sdn Bhd (ZUB). ZUB ownership is comprised of Wira Syukur Sdn Bhd of 70% and ZCSB of 30%. ZUB has mortgaged lot 713 land to Maybank for RM25 million with the coprate guarantor is Wira Syukur Sdn B

 

With regard to Lot 713 with an area of ​​only 2.0 acres, I have registered the land in the name of Zenith Urban Development Sdn Bhd (ZUB). ZUB ownership is comprised of Wira Syukur Sdn Bhd of 70% and ZCSB of 30%. ZUB has mortgaged lot 713 land to Maybank for RM25 million with the coprate guarantor is Wira Syukur Sdn Bhd. ZCSB has received payment from Maybank on a security deposit of lot 713 of RM25 million.

 Connection Statement

Question: Is it comfortable to record evidence this evening ?. Answer: Comfortable.

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Connection Statement

From the two lots, the total funds raised by ZCSB for the financing of this flesilbility study project and detail design is RM99.8 million.

Of the RM99.8 million fund, the estimated payment to consultants who implement this project is around RM40 million. The main consultant who implemented this project is JKM Konsult. There are several other consultants also appointed to carry out this work such as Mega Soil for soil invetilation work, Massive Victory for Land Acquisation work, Survey Survey for QS, Tower Surveyor for land acquisition and land survey, K6A Engineering for work -Geologist work, UD Geothenics for soil Investigation, Optimunm Geomatic for topography work and Consult Engineer also for topography. I confirm that the work carried out by these consultants is for flexsilibilty study for the provision of design details. The Flexsibility Study Report was completed in January 2015. For design work, preliminary detail design for 3 highways has not included under bed sea tunnel was sent to UPEN Penang in about 2017.

Of the RM99.8 million, as much as RM22 million as I explained yesterday, I used to pay bribes to cover my MACC case, which amounted to RM19 million to the PM received through Gnana Rajah and RM3 million to Datuk Abdul Azeez Rahim received by Dato Jaabar.

From there, the remaining RM 37.8 million (RM59.8m-RM22 million), of which RM14 million has been used to pay performance bond to the Penang Government. What is left for the company is the RM23.8 million I used to buy two Bursa listed companies, debt repayment and company operating expenses.

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OKT re-read the conversation and acknowledged it was correct.

Question Answer Question Answer Question Answer

: Is your testimony true in this case ?.

: Yes.

: Are you forced / threatened to give the above statement? : None

: Do you want to amend your statement ?.

: None

Signature of Person Examined ……………………………………. Zarul Ahmad Bin Mohd Zulkifli

Recording ends at 17:00 hrs.

Examiner’s Signature ……………………………

Wan Zulkifli Mohamed, PsK