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Ku Nan gets one year jail, RM2 million fine

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The accused should not escape after profiting from his crime, says judge.

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Free Malaysia Today
Tengku Adnan risks losing his position as Putrajaya MP if he does not file an appeal. (Bernama pic)

KUALA LUMPUR:
Former federal territories minister Tengku Adnan Mansor was sentenced to a year’s jail and fined RM2 million after he was found guilty of accepting RM2 million from businessman Chai Kin Kong four years ago.

Tengku Adnan has to serve another six months if he fails to pay the fine. He risks being disqualified as Putrajaya MP should he fail to file an appeal.

Article 48(1)(e) of the Federal Constitution states that an elected representative is disqualified if he or she is 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.

High Court judge Mohamed Zaini Mazlan said corruption could not be condoned and he was inclined to follow precedent to also impose a jail term.

“The accused should not escape after profiting from his crime,” he added.

Zaini allowed the application by the defence to stay the jail sentence and fine pending appeal.

Tengku Adnan, who is better known as Ku Nan, was calm when Zaini announced the sentence.

The judge said the accused was not the first person in high office to be charged under Section 165 of the Penal Code.

This provision states that it is an offence for a public servant to obtain valuables without consideration.

Those found guilty can be jailed for up to two years and fined or both.

Zaini, in his ruling, said the law was no respecter of persons and everyone was equal before the law.

“I have considered all the mitigating factors and agree with the defence counsel to consider the facts and circumstances of this case.

“One size does not fit all,” he said in responding to the prosecution’s call to impose a jail term and fine based on precedents.

Zaini had taken into consideration public interest and Ku Nan’s well-being in determining the measure of sentence.

The judge also weighed Ku Nan’s contribution to the country and the fact that the offence was committed in his capacity as a minister.

Earlier, defence counsel Tan Hock Chuan submitted that the money was a political donation and it was not a heinous crime.

He said Ku Nan was a first offender and that the accused had contributed to the nation in his capacity as a deputy minister and minister from 2001 to 2018.

“He had served well his constituents in Putrajaya and the people of Kuala Lumpur as Federal Territories Minister,” he added.

Tan said Tengku Adnan would be disqualified as an elected representative if he was jailed to a year’s jail or fined RM2,000 or more.

As such, he argued, the court should take judicial notice that the current Perikatan Nasional government had a slim majority and his conviction would have ramifications on the present administration.

Tan said the most important factor was that his client is 70 years old and was suffering from heart and lung complications which needed constant medical attention.

“I urge this court to temper justice with mercy, that he may be spared a custodial sentence and only a RM2,000 fine be imposed,” he said.

However, deputy public prosecutor Julia Ibrahim said a mere fine of RM2,000 or less just to ensure the accused was not disqualified as an MP was inappropriate.

“He received RM2 million. A jail term and a fine must be imposed to send a clear message to would-be offenders.

“He also gave evidence that the RM2 million is mere pocket money,” she said.

Julia added that another person could be elected to serve the people of Putrajaya and disqualification must be the least concern of this court.

She also said Ku Nan was a politician who wielded power and influence while holding public office and he should have set a good example to the people.

Tan said he has instruction to file a notice appeal to the Court of Appeal.

Meanwhile, lawyer A Srimurugan said Ku Nan’s Putrajaya seat would only be vacated if he failed to file his notice of appeal 14 days from today.

“Article 48(4)(b) of the constitution is clear that the accused could remain an MP until he exhausts his appeal in the Federal Court,” he said.

Srimurugan, however, said the accused risks losing an opportunity to contest in a snap or general election should the Court of Appeal not hear his appeal.

“This is because his status will remain as a convicted person unless the appellate court reverses the High Court decision,” he added.

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