The defence in Dr Ling Liong Sik's cheating trial has applied to send a representation to the Attorney-General's (AG) Chambers to consider dropping the charges based on the testimony by Dr Mahathir Mohamad yesterday and today.
Ling's lawyer Wong Kian Kheong ( left ) informed this to Kuala Lumpur High Court judge Ahmadi Asnawi and asked the court to vacate the dates this week.
"Based on my client’s instructions, we will send a representation to the chambers in light of the evidence by DW4 (fourth defence witness Mahathir) and we will await the outcome.
"Meanwhile, we apply for the dates to be vacated until December pending the outcome of the representation," he said.
Normally, when representations are sent it is for the purpose of the prosecution to reduce or drop the charges, or even, in rare cases, enhance the charges.
Lead prosecutor deputy solicitor-general II Tun Abdul Majid Tun Hamzah then said he had no objection and Justice Ahmadi fixed Dec 4 for mention.
Originally, tomorrow was fixed for cross-examination of Dr Mahathir by the prosecution.
Tun Abdul Majid ( right ), when met on the sidelines, told reporters that he was prepared to cross-examine the former premier and may take two days to do so, however, there is now this application.
This is the first time that the 69-year-old Ling has applied for a representation be sent to the AG's Chambers.
The former transport minister faces one principal and two alternative charges of cheating the cabinet over the purchase land price of the Port Klang Free Zone in Pulau Indah.
Accountant: RM21 is cash price
Meanwhile, during cross-examination of BDO Chartered Accountants executive director Mok Chew Yin by deputy public prosecutor Manoj Kurup, the witness agreed that RM25 per square feet is the base price, while RM21 psf is the cash price and that if the land is paid for full in cash, it is valued at RM760 million.
His testimony was in contrast to Dr Mahathir's testimony yesterday and today, where the former premier told the court that to his understanding , RM25 was the cash price.
Mok also agreed with Manoj that the discounted cash flow method was the mode he had used to calculate and that the special value of RM21 is already fixed.
Asked by the Manoj, Mok agreed that if the government were to change the terms such as increasing or decreasing interests or payments made, one may not necessarily get the RM25 base price, provided one changes the other variables like interests and repayments.
The witness also agreed that RM25 is the rate for deferred payment for 10 years.
Mok, however, disagreed to the suggestion by Manoj that the starting value which the latter calculated did not follow the repayment terms of the Valuation and Property Services Department's (JPPH) calculation.
“Looking at if the land is purchased on the same day, it would be RM21 and a total of RM760 million will be paid, and if RM25, it is RM1.088 billion over 10 years”, Mok said.
Manoj: The rate of RM25 is not cash value?
Manoj: How about the value if it is paid by cash.
Mok: It is RM21 and that there is no more deferred payment.
Manoj: Looking at the JPPH report, the land, if purchased today, it would be RM21 and a total of RM760 million is to be paid?
Manoj: If RM25 psf is agreed, the amount is RM1.088 billion
Mok: Yes but that does not include interests.
Manoj: The RM25 psf does include interest?
Manoj: Do you agree that the original price of the land is RM14.2 psf and that the calculation has interest price in them.
Mok: I do not agree.
Upon re-examination by lawyer Yeoh Cho Keong, Mok agreed that his calculation is consistent with that of JPPH.