‘CM accountable for state administration’

The people can always urge him to intervene to protect, preserve and conserve the state heritage, renowned Architect testifies.

GEORGE TOWN: The main defendant in Lim Guan Eng’s defamation suit testified that the Chief Minister was responsible and accountable for all actions and decisions made by his administration in his capacity as head of the state administration.

Jimmy Lim Cheok Siang, 71, testified that all state administrative matters and policies, and government bodies such as local councils and the Penang Development Corporation (PDC), come under the Chief Minister.

Hence, he told the High Court here that citizens had the right and responsibility to question the Chief Minister and the state government if something was not right such as the demolition of heritage structures and unscrupulous hill clearings.

He said this while under cross-examination by Guan Eng’s counsel N Murali.

The trial was being heard before Judicial Commissioner Nordin Hassan.

Murali had earlier suggested that Lim should not have commented on the demolition of the Indian heritage village, Kampung Buah Pala, as he had not done thorough homework on the issue.

But Lim disagreed, insisting that the people can always urge the state government and its head the Chief Minister to intervene to protect, preserve and conserve the state heritage.

Guan Eng is suing Lim, the Penang Citizen Awareness Chant Group (Chant) advisor, MToday News Sdn Bhd and its journalist Athi Shankar over an article titled ‘Guan Eng has failed, says NGO’ which was published in online portal Free Malaysia Today (FMT) on December 6, 2013.

Lim was represented by Baljit Singh, V Amareson and Rowena Yam while Clement Lopez represented FMT and Athi Shankar.

The article quoted Jimmy Lim as saying at a press conference that Guan Eng allowed the demolition of many heritage and historical structures, and natural heritages such as Bukit Relau, commonly known as “Botak Hill”, in Gelugor and Kampung Buah Pala, once popularly known as Tamil High Chaparral.

When asked by Murali on what he meant by “Guan Eng allowed the demolition”, Jimmy Lim clarified that he meant that a Chief Minister could have prevented the demolition.

He noted that the demolition of Kampung Buah Pala happened a year after the DAP government came to power in the 2008 general election.

Thus, he suggested that the Chief Minister and the state government was possessed of all the powers to prevent the demolition if it wanted too.

During re-examination by his counsel Baljit Singh, Lim told the court he did not suggest the article’s headline, although he said that he did not find it objectionable.

He also admitted that the article, albeit with changes in certain words, reflected overall what he said during a press conference.

“The article captured the gist and the message in the same spirit that I wanted to convey to the Chief Minister and state government.

“The press conference was held to create awareness and gain more public support on preservation and conservation of our heritage for our future generation,” Lim testified.

In his suit, Guan Eng claimed that the article sought to destroy his image and reputation as an elected representative, peoples’ leader and politician in Penang and Malaysia.

Guan Eng, who is also DAP secretary-general, claimed that the article had alleged that he was an incompetent chief minister and was not qualified to be a leader.

Guan Eng is demanding a public apology from the defendants as well as general and exemplary damages and other damages deemed fit by the court.

Hearing continues on Friday afternoon.

Ends