KUALA LUMPUR (Dec 21): The High Court has granted a stay of execution on the 12-month jail sentence and RM2 million fine imposed on Datuk Seri Tengku Adnan Tengku Mansor after the Putrajaya lawmaker was found guilty of corruption.
Tengku Adnan, popularly known as Ku Nan, was granted bail pending his appeal to the Court of Appeal against his conviction and sentence.
The former federal territories minister was earlier today found guilty of receiving RM2 million in gratification. The punishment for the offence under Section 165 of the Penal Code is imprisonment of up to two years or a fine, or both.
Justice Mohamed Zaini Mazlan sentenced Ku Nan to 12 months' jail as well as a fine of RM2 million, in default of six months' imprisonment.
Mohamed Zaini said he took note of the four mitigating grounds submitted by Ku Nan's lawyer, Datuk Tan Hock Chuan, including that the minister is a first-time offender.
Tan also submitted that Ku Nan had made significant contributions to the nation, that he stands to be disqualified as a member of Parliament if fined more than RM2,000, and that he is old and has health problems.
"The accused is not the first high-ranking public servant and politician to be charged and convicted under Section 165 of the Penal Code," the judge noted, adding: "I do not doubt that the accused has served the nation for many years and that is a criterion that I have taken into consideration.
"My 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 in committing a crime of this nature," he said.
Mohamed Zaini cited the Federal Court case of PP V Khir Toyo where the former Selangor menteri besar was sentenced to 12 months' jail and subjected to property being forfeited after being convicted under Section 165 of the Penal Code.
"I am inclined to follow precedence which indicates a jail sentence is an appropriate punishment. I am also of the view that the accused should not be able to profit from the wrong that he committed which was the RM2 million that he had taken for himself," added the judge.
Ku Nan was charged with receiving kickbacks totalling RM2 million from property developer Aset Kayamas Sdn Bhd managing director Tan Sri Chai Kin Kong during his term as federal territories minister.
The former Barisan Nasional secretary-general contended that the money, which was received by a company linked to him, was a political donation for two by-elections in 2016.