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KUALA LUMPUR: Former Minister of Federal Territories Tengku Adnan Mansor was sentenced to one year in jail and fined 2 million ringgit after being found guilty of accepting 2 million ringgit from businessman Chai Kin Kong four years ago.
Tengku Adnan has to serve another six months if he does not pay the fine. You risk being disqualified as a Putrajaya MP if you do not appeal.
Article 48 (1) (e) of the Federal Constitution establishes that an elected representative is disqualified if convicted and sentenced to a jail term of two years or more and / or fined RM2,000 and more and has not received a free pardon.
Supreme Court Justice Mohamed Zaini Mazlan said corruption cannot be tolerated and was inclined to follow the precedent to also impose a jail sentence.
“The defendant should not escape after profiting from his crime,” he added.
Zaini allowed the defense’s request to suspend the prison sentence and the fine pending appeal.
Tengku Adnan, better known as Ku Nan, was calm when Zaini announced the sentence.
The judge said the defendant was not the first person in high office to be charged under Section 165 of the Penal Code.
This provision establishes that it is a crime for a public servant to obtain objects of value without consideration.
The culprits can be imprisoned for up to two years and fined or both.
Zaini, in his ruling, said that the law is no respecter of persons and that everyone is equal before the law.
“I have considered all mitigating factors and agree with the defense attorney to consider the facts and circumstances of this case.
“One size does not fit all,” he said in response to the prosecution’s call to impose a prison sentence and a fine based on the precedents.
Zaini had taken the public interest and welfare of Ku Nan into consideration when determining the extent of the sentence.
The judge also weighed Ku Nan’s contribution to the country and the fact that the crime was committed in his capacity as minister.
Earlier, defense attorney Tan Hock Chuan claimed that the money was a political donation and not a heinous crime.
He said that Ku Nan was the first offender and that the accused had contributed to the nation in his capacity as deputy minister and minister from 2001 to 2018.
“He had served his constituents well in Putrajaya and the people of Kuala Lumpur as Minister of Federal Territories,” he added.
Tan said that Tengku Adnan would be disqualified as an elected representative if he was jailed to one year in jail or fined 2,000 ringgit or more.
As such, he argued, the court should take judicial note that the current government of Perikatan Nasional (PN) had a small majority and his conviction would have ramifications in the current administration.
Tan said the most important factor is that his client is 70 years old and suffered from heart and lung complications that needed constant medical attention.
“I urge this court to moderate justice with mercy, so that he is spared a prison sentence and only fined RM2,000,” he said.
However, Deputy Prosecutor Julia Ibrahim said that a simple fine of RM2,000 or less just to ensure that the defendant was not disqualified as a deputy was inappropriate.
“He received RM2 million. A jail sentence and a fine must be imposed to send a clear message to potential offenders.
“It also gave evidence that the RM2 million is pocket money,” he said.
Julia added that another person could be chosen to serve the people of Putrajaya and disqualification should be the least concern of this court.
He also said that Ku Nan was a politician who wielded power and influence while in public office and that he should have set a good example for the people.
Tan said he is instructed to file a notice appeal with the Court of Appeal.
Meanwhile, lawyer A Srimurugan said that Ku Nan’s Putrajaya seat would only become vacant if he did not file his appeal notice within 14 days from today.
“Article 48 (4) (b) of the Constitution makes it clear that the defendant can remain a deputy until he exhausts his appeal in the Federal Court,” he said.
Srimurugan, however, said that the defendant runs the risk of losing the opportunity to contest in a quick or general election if the Court of Appeal does not hear his appeal.
“This is because his convicted status will remain unless the appeals court overturns the Superior Court’s decision,” he added.
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