Following the announcement yesterday on the possibility of Papagomo contesting against Opposition Leader Anwar Ibrahim for the Permatang Pauh parliamentary seat, many have begun to question if the Umno-linked blogger is even qualified to do so.

NONE This came as Papagomo ( left ), whose real name is Wan Muhammad Azri Wan Deris, had been convicted and fined for corruption when he was serving as a traffic police constable.

The Court of Appeal last year upheld the decisions of the sessions court and High Court, and Wan Muhammad Azri was fined RM10,000 and sentenced to 14 days jail.

According to lawyer Razlan Hadri Zulkifli, Wan Muhammad Azri cannot contest due to his conviction as the decision was only upheld last year.

“Hence, Wan Muhammad Azri cannot contest unless Wan Muhammad Azri is not Papagomo,” he said.

Another lawyer, Ranjit Singh, also holds the same view that a person fined RM2,001 and above cannot contest, as stated in Article 48 of the federal constitution.

Article 48 stipulates that a Member of Parliament loses his position if convicted and jailed for a term of not less than one year, or fined not less than RM2,000, and has not received a free pardon.

The article also states that a person who has been convicted shall not be allowed to contest a federal or state election for a period of five years.

'Can contest until appeal process exhausted'

Thus, Ranjit added, Wan Muhammad would have to wait until the next election, if he wanted to contest.

Both lawyers had represented Batu MP Tian Chua when the lawmaker was fined RM2,000 for allegedly biting a police personnel.

NONE This was also verified by another lawyer Edmund Bon ( left ). However, another senior lawyer, who declined to be named, said a convicted person can contest until he has exhausted his appeal process, right up to the Federal Court, if there is a need.

According to Malaysian Anti-Corruption Commission (MACC) data, Wan Muhammad Azri was convicted of two charges of corruption for asking for a RM1,000 bribe from one Mohd Rahyudi Mokhtar to prevent action being taken against the latter for taking drugs.

He was also convicted of accepting a RM400 bribe from Mohd Rahyudi. Both offences were committed in 2004.

Papagomo tweeted yesterday that he will contest against Anwar in the coming general election.

Also at a press conference yesterday, Mohamad Rafi Awang Kechik, who introduced himself as the president of a little-known group dubbed Nadi Rakyat Malaysia, said the blogger planned to expose the de-facto PKR leader's wrongdoings to the people of Permatang Pauh.

The press conference was held after Mohamad Rafi, claiming to be representing the blogger, bought a nomination form for Papagomo from the Federal Territory office of the Election Commission (EC).

EC: Wait till nomination day

Asked whether Papagomo could contest in GE13, EC deputy chairperson Wan Ahmad Wan Omar ( below ), said he does not have the facts on Papagomo's alleged conviction.

NONE “Whatever it is, we will check it. A decision on whether he is qualified to contest or not can only be decided on nomination day after the polling officer accepts the nomination forms from the prospective candidates.

“I do not have the facts of his conviction. We wait on nomination day whether he comes to submit his nomination papers,” Wan Ahmad said.

In a related development, Astro Awani reported Wan Muhammad Azri as denied having links with the blogger Papagomo, saying it was Papagomo, and not him, who wanted to contest.

Anwar was not allowed to contest in the 2008 general election following his conviction and jailing on a 1999 abuse of power charge. He was released from jail on April 15, 2003.

Similarly, caretaker Chief Minister Lim Guan Eng could not contest in the 2004 election following his imprisonment for a violation under the Printing Presses and Publications Act in the 1990s.

Meanwhile, EC chairperson Abdul Aziz Mohd Yusof believes that Papagomo will be able to contest in this election, as the latter had undergone his sentence in 2007.

"It is already five years on, and I think he can contest," said Abdul Aziz in a text message.

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