[ad_1]
KUALA LUMPUR: Despite his corruption conviction, Datuk Seri Tengku Adnan Tengku Mansor can still serve as Putrajaya’s deputy while he appeals the sentence, lawyers say.
Tengku Adnan was sentenced yesterday to 12 months in jail and a fine of RM2 thousand for personally receiving RM2 thousand from a property developer.
Article 48 (4) (a) of the Federal Constitution establishes that a deputy will be disqualified from his post within 14 days from the date he was sentenced to a fine of more than 2,000 ringgit or more than one year in prison.
The complementary section, article 48 (4) (b) gives a margin of maneuver so that, if the deputy appeals his sentence within a period of 14 days, he will only be disqualified 14 days after the court decides on the appeal.
Lawyer Lim Wei Jiet said these principles applied in Ku Nan’s case, as his defense team was planning an appeal.
“If Tengku Adnan appeals, he will not lose his seat until all appeal options are exhausted,” he said.
As the trial started in the High Court here, after being transferred from the Court of Sessions where Ku Nan was initially charged, he was able to appeal to the Court of Appeal and if his case was not vacated there, he could proceed to the Federal Court.
After yesterday’s proceedings, defense attorney Datuk Tan Hock Chuan told the media that they would file the appeal notice today.
He had also asked for the suspension of the execution of both sentences and the court allowed it.
Lawyer Syahredzan Johan
He noted that although the sentence was being appealed, Ku Nan may not be able to stand in the next election.
Explained a different section of prohibited article 48 (5)
The deputies will run if they have a pending sentence.
He added that Ku Nan would also be disqualified if the court did not allow his appeal against the conviction, or if it reduced the sentence but not to an amount below the disqualification threshold.
In the case of then-Batu deputy Tian Chua, a previous High Court had ruled that a person would be disqualified from being a member of any of the Houses of Parliament under Article 48 (1) (e) of the Federal Constitution if the The fine imposed by a court upon conviction for a crime is RM2,001 and more.
Tian Chua’s fine was reduced from RM3,000 to RM2,000 and he was not disqualified.
Syahredzan also believed that the court was not swayed by Ku Nan’s mitigation that the current government, due to its slim majority in Parliament, would be affected if he was disqualified as a deputy.
“From the reports, the judge himself did not think it was relevant. So there is nothing to suggest that his decision took that into account. “
“I cannot blame the defense attorney for referring that matter.
“You have a duty to make all potentially relevant circumstances known to the judge,” he told The Star.
[ad_2]
