An election candidate sentenced to more than a year in jail and RM2,000 fine can still contest if the candidate was allowed a stay of execution pending appeal, said Election Commission (EC) chairperson Abdul Rashid Abdul Rahman today.

According to his interpretation of the election rules, the question whether or not the sentence was executed was important for the commission in determining the qualification of an election candidate who has run foul of the law.

"If the court has found the person guilty and sentenced him to more than one year imprisonment or more than RM2,000 fine but at the same time allowed stay of execution for appeal, then, he cannot be disqualified because the sentence has not been executed.

"He remains qualified while his appeal is ongoing...but immediately after he exhausts all avenues for appeal and the sentence has to be executed then...of course he will be disqualified," he said when contacted.

Abdul Rashid's statement laid to rest Parti Keadilan Rakyat's (Keadilan) fear over the status of several of its candidates, who have been sentenced between one and two years' jail for various offences.

Yesterday, Keadilan vice-president Azmin Mohd Ali said the party was in dilemma on whether to nominate leaders who were currently appealing against their respective convictions or sentences.

The country's election rules disqualifies a candidate "convicted of an offence by a court of law in Malaysia and sentenced to imprisonment for a term not less than a year or to a fine not less than RM2,000 and has not received a free pardon."

Not clear

Azmin said the election rules were not clear enough on the status of candidates who appealed against their convictions.

Among those on Keadilan's 'dilemma' list were Youth chief Mohd Ezam Mohd Nor , who was found guilty of breaching the Official Secrets Act and Wanita deputy chief Irene Fernandez , who was slapped with a 12-month jail sentence and fine for publishing false news.

Also on the list, was Azmin himself, who was jailed 18 months for a perjury offence.

Commenting on Keadilan's position, the EC chairperson said that their fear could be baseless.

"I believe only those who suffered the consequences (of committing the offence) should be disqualified," said Abdul Rashid.

In a jest, he quipped: "Well, they (Keadilan) are not the only ones who are worrying....All politicians are worrying right now...after all election is coming!".

In an immediate reaction, Azmin welcomed Abdul Rashid's interpretation of the election rules, stating that the latter's view was similar to the advice of the party's legal counsel.

"That was the consensus reached by our legal counsel who felt that we are still eligible to stand for elections until we exhaust all our rights of appeal. But we weren't too sure as the law can be interpreted in many ways.

"In any case, once our lawyers have completed their research we may refer the matter to the EC who has the final authority on the issue," he said.