The Kuala Lumpur Sessions Court was told that the memorandum of understanding (MOU) related to the project involving constructing main roads and an undersea tunnel in Penang did not state it would be carried out via open tender.

Former director of Consortium Zenith Construction Sdn Bhd (CZCSB) Zarul Ahmad Mohd Zulkifli said, however, that in May 2011, he was informed by Lim Guan Eng that the project would be implemented through open tender.

“Indeed, the MOU did not mention open tender, but...