Ku Nan gets 12 months' jail, RM2m fine in corruption case
Tengku Adnan Tengku Mansor has been sentenced to 12 months' jail and RM2 million fine in his RM2 million corruption case.
The High Court judge in Kuala Lumpur, Mohamed Zaini Mazlan, delivered the verdict as the accused looked on from the dock during open-court proceedings this morning...
Tengku Adnan Tengku Mansor has been sentenced to 12 months' jail and RM2 million fine in his RM2 million corruption case.
The High Court judge in Kuala Lumpur, Mohamed Zaini Mazlan, delivered the verdict as the accused looked on from the dock during open-court proceedings this morning.
However, the judge allowed the defence's bid to stay the execution of the sentence pending appeal to the Court of Appeal.
Earlier today, the court had found the former federal territories minister guilty of the graft charge.
The court then went into short recess to allow the defence to prepare mitigation during sentencing.
Today the case was fixed for decision at the end of the defence presentation.
On Dec 7, another bench of the High Court in Kuala Lumpur granted Tengku Adnan a discharge not amounting to an acquittal (DNAA) in a separate RM1 million corruption case.
According to the charge relevant to today’s verdict, Tengku Adnan, in his capacity as a public servant, namely as then federal territories minister, accepted for himself RM2 million from Chai Kin Kong, who is also director of Aset Kayamas Sdn Bhd, via a Hong Leong Islamic Bank cheque belonging to Aset Kayamas.
The cheque was later deposited into the CIMB Bank account of Tadmansori Holdings Sdn Bhd, in which the accused had an alleged interest when it was purported that Aset Kayamas had a connection with his official duties.
The offence was purportedly committed at the Pusat Bandar Damansara branch of CIMB Bank Bhd on June 14, 2016.
Tengku Adnan was charged under Section 165 of the Penal Code, which specifies a jail term of up to two years, fine, or both, on conviction.
In reading out the sentence today, Zaini ruled that Tengku Adnan is not the first high-ranking officer and politician to be charged and convicted under Section 165 of the Penal Code as there have been others.
The judge then referred to the aphorism "The law is no respecter of persons" and "Everyone is equal before the law’.
Zaini said the court took note of the defence’s submission, in mitigation for a lesser sentence, that the accused had served the nation for many years, among others.
“The foremost consideration, however, in deciding the appropriate sentence is the public interest. The sentence must reflect the gravity of the offence committed.
“It must also serve as a deterrent to not just the accused but also others from committing a crime of this nature,” the judge ruled.
'Court must abide by precedents'
Zaini also reiterated that this court must abide by precedents of previous benches of the High Court in sentencing similar cases.
The judge then made reference to the decision of the High Court in Shah Alam on former Selangor menteri besar Khir Toyo’s case involving Section 165 of the Penal Code, whereby Khir was sentenced to a year in jail and the property involved was confiscated.
“I am inclined to follow precedents, which indicate that a jail sentence is an appropriate punishment. I am also of the view the accused should not be allowed to profit from the wrong that he had committed, which was the RM2 million that I held he had taken for himself.
“The accused is sentenced to 12 months of imprisonment and a fine of RM2 million. The prison sentence is to run from the date of judgment,” Zaini said.
The judge also ruled that in the event Tengku Adnan defaulted in paying the fine, he would need to serve an additional six months in jail.
After the sentence was read, the accused’s lead defence counsel, Tan Hock Chuan, applied for a stay of execution of the sentences, pending appeal to the Court of Appeal.
Deputy public prosecutor Julia Ibrahim then informed the court that the prosecution has no objection to the stay bid.
Zaini then allowed the stay on the execution of the custodial sentence and fine, pending Tengku Adnan’s appeal to overturn the verdict.
After proceedings, the former minister was seen leaving the High Court without giving any comments to the media.
When met by reporters, Tan confirmed that the defence team has instructions to file the notice of appeal to the Court of Appeal, either by today or tomorrow.
Earlier, during the proceedings, the lawyer had applied for the court to impose a non-custodial sentence with a fine of less than RM2,000.
The lawyer urged the court to take into account the accused’s long service to the nation as minister as well as to his constituency of Putrajaya.
Tan said Tengku Adnan was the main driver behind the Federal Territories Affordable Housing Project (Rumawip), which benefited many people.
Tan also urged the court to consider imposing a fine of less than RM2,000 in order to prevent the accused from losing his position as MP for the Putrajaya parliamentary constituency.
He said this needs to be considered due to the political situation in the county, whereby the Perikatan Nasional government was only holding on with a slim majority in the Dewan Rakyat.
However, Julia urged the court to impose a deterrent sentence in order to prevent not only the accused but others from committing a similar offence.
“In the accused’s own words (made during trial), the RM2 million was just pocket money.
"How could one seek a fine below RM2,000? This is not suitable and not serve as a deterrent to others," the prosecutor said.
She also said that lawmakers come and go during by-elections and general elections.
“Even if he (Tengku Adnan) does not remain an MP, there would be others who get the opportunity to give such service to society,” she said.
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