Court of Appeal acquitted and discharged Datuk Seri Tengku Adnan Tengku Mansor or Ku Nan over a RM2 million graft charge and 12-month jail sentence.On Dec 21, last year, the High Court sentenced the Federal Territories Minister to 12 months' jail after finding him guilty of corruption by receiving RM2 million for himself from a businessman.
According the news report, that monies went to finance 2 by-elections, and if true, then there may be a violation of Election laws - whereby in every elections there is LIMIT about the amount of monies can be utilized by any candidate for the elections, and clearly RM5 million and RM6 millions far exceeds this limit.
LIMITS on expenditure of contesting candidates are to ensure a LEVEL PLAYING FIELD - and, as such utilizing monies exceeding the stipulated limits is not just an offence but an affront to a democratic election process.
A violation of this election law, can lead to the disqualification of the MP/ADUN if elected, or an election offence committed by the said candidates in that elections.
If disqualified, then, I believe that all the government monies paid as salaries/remuneration and other allowances should be withdrawn and collected back by the government.
Remember, a duly elected MP/ADUN also becomes entitled to pensions - thus, even if their terms of office is over, a DISQUALIFICATION matters, as they will no longer be entitled to pensions, and monies already paid out will have to be returned.
Would the Election Commission or the relevant authorities investigate this - as it seems to be valid evidence given by a witness in court?
...Chai had clearly testified that a cheque he issued was a political donation to Umno for the Sungai Besar and Kuala Kangsar by-elections."In the witness statement, Chai (19th prosecution witness) testified that the RM2mil was his contribution to Tengku Adnan after the latter said he needed a political fund between RM5mil and RM6mil for two by-elections....
YES - Ku Nan may be acquitted of corruption charge - but then them who used such monies during by-elections are not.
Political parties can receive donations, but there must be transparency - and remember also that political parties need to pay taxes - was it declared to the Income Tax Department? Did UMNO pay the taxes?
Latest news is that prosecution will be appealing - but the Election Offences should also be investigated now....
See earlier relevant posts:-
Azhar Harun, EC Chairman - Election 'offences' in PD? Acting 'without fear or favour'..or 'sweep under the carpet'?
EC Azhar Azizan Harun 'tiup wisel' NOW jika ada salahlaku PRK PD? Anwar ingkar undang-undang? Had belanja RM200,000?
Concerns about Joint Statement of 69 Groups - addressing issue of 'political funding' and corruption?
Ku Nan freed of corruption conviction
PUTRAJAYA: Datuk Seri Tengku Adnan Tengku Mansor or Ku Nan is now a free man after the Court of Appeal acquitted and discharged him over a RM2 million graft charge and 12-month jail sentence.
A three-man panel comprising Judges Datuk Suraya Othman, Datuk Abu Bakar Jais and Datuk Ahmad Nasfy Yasin allowed Tengku Adnan's appeal to set aside his conviction and sentences imposed by the High Court on Dec 21, last year.
Suraya, who chaired the panel, said the learned High Court judge had made an error in his judgement.
She said there was also no evidence to show that the key witness in the case, property tycoon Tan Sri Chai King Kong, had been dishonest when testifying.
The conviction then said was therefore unsafe.
"Thus, we allow the appeal and set aide the appellant's conviction," she said.
On April 22, Counsel Datuk Tan Hock Chuan who represented Tengku Adnan submitted that Chai had clearly testified that a cheque he issued was a political donation to Umno for the Sungai Besar and Kuala Kangsar by-elections.
"In the witness statement, Chai (19th prosecution witness) testified that the RM2mil was his contribution to Tengku Adnan after the latter said he needed a political fund between RM5mil and RM6mil for two by-elections.
"Tan Sri Chai also confirmed that the sum of RM2mil was a political donation to Umno and not for the appellant (Tengku Adnan)," he said.
Hock Chuan also submitted that there was a serious error by the learned trial judge Mohamad Zaini Mazlan when he imported his personal knowledge that the Umno receipt was "crisp and new" when there was no evidence to that effect.
Asmah in her submission contended that Ku Nan had obtained the monies for himself and it was not a political contribution as there was an absence of orderly records based on the receipt issued.
On Dec 21, last year, the High Court sentenced the Federal Territories Minister to 12 months' jail after finding him guilty of corruption by receiving RM2 million for himself from a businessman.
The court also imposed a RM2 million fine on the Putrajaya Member of Parliament after ruling that the prosecution had proven its case against the accused.
Tengku Adnan was charged in his capacity as a civil servant, namely the Federal Territories Minister, with having received for himself a total of RM2 million from Kin Kong, who is Aset Kayamas Sdn Bhd (AKSB) director.
It was done via a Hong Leong Islamic Bank cheque belonging to the company, which was deposited into a CIMB account owned by Tadmansori Holdings Sdn Bhd (THSB), which Tengku Adnan has an interest in and is known to AKSB as being related to his official duties.
The offence under Section 165 of the Penal Code was allegedly committed at CIMB Bank Bhd, Pusat Bandar Damansara, here, on June 14, 2016.
The offence carries a maximum two year's jail, or a fine, or both, upon conviction. - New Straits Times, 16/7/2021
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