{"id":7444,"date":"2020-12-21T15:01:20","date_gmt":"2020-12-21T07:01:20","guid":{"rendered":"https:\/\/newmalaysiatimes.com\/?p=7444"},"modified":"2020-12-21T15:01:26","modified_gmt":"2020-12-21T07:01:26","slug":"ku-nan-gets-12-months-jail-fined-rm2-mln-for-receiving-rm2-mln-graft","status":"publish","type":"post","link":"https:\/\/newmalaysiatimes.com\/?p=7444","title":{"rendered":"Ku Nan gets 12 months jail, fined RM2 mln for receiving RM2 mln graft"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">KUALA LUMPUR, Dec 21 &#8212; The High Court here today sentenced former\u00a0Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor to\u00a012 months in\u00a0jail and an RM2 million fine,\u00a0in default six months\u2019 jail, after\u00a0finding him guilty on\u00a0a graft charge of receiving RM2 million from a\u00a0businessman\u00a0in 2016.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">However, Judge Mohamed Zaini Mazlan granted\u00a0\u00a0Tengku Adnan\u2019s application for a stay of execution of the 12 months jail term and fine pending his appeal.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Earlier, in convicting Tengku Adnan, 70,\u00a0\u00a0on the charge,\u00a0Justice\u00a0Mohamed Zaini\u00a0ruled\u00a0that the prosecution had\u00a0proved\u00a0its case beyond a reasonable doubt and the Putrajaya MP had also failed to raise\u00a0reasonable doubts in the prosecution&#8217;s case.\u00a0<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Tengku Adnan,&nbsp;or better known as Ku Nan, was charged in his capacity as a public servant, namely Minister of Federal Territories, with having received for himself a total of RM2 million from a businessman, Tan Sri Chai Kin Kong, who is Aset Kayamas Sdn Bhd (AKSB) director,&nbsp; 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.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">He\u00a0was accused of committing the offense\u00a0at CIMB Bank Berhad of Pusat Bandar Damansara branch here on June 14 2016\u00a0under Section 165 of the Penal Code which carries an imprisonment of\u00a0up\u00a0to two years or a fine or both, if\u00a0convicted.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Today\u2019s&nbsp;decision is the second high-profile case&nbsp;involving UMNO leaders found guilty of&nbsp;criminal&nbsp;charges that were filed during the Pakatan Harapan government, following&nbsp;the fall of the Barisan Nasional&nbsp;government in May 2018.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">On July 28, former prime minister Datuk Seri Najib Tun Razak was sentenced to 12 years&#8217; jail and RM210 million fine by High Court Judge Mohd Nazlan Mohd Ghazali after finding him guilty on seven charges of criminal breach of trust (CBT), money laundering and abuse of position,\u00a0 involving RM42 million of \u00a0SRC International Sdn Bhd funds.\u00a0<\/p>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"aligncenter size-large is-resized\"><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17-1024x594.jpg\" alt=\"12 months\" class=\"wp-image-7445\" width=\"451\" height=\"261\" srcset=\"https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17-1024x594.jpg 1024w, https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17-300x174.jpg 300w, https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17-768x446.jpg 768w, https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17-172x100.jpg 172w, https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17-350x203.jpg 350w, https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17-800x464.jpg 800w, https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17.jpg 1034w\" sizes=\"auto, (max-width: 451px) 100vw, 451px\" \/><\/figure><\/div>\n\n\n\n<p class=\"wp-block-paragraph\">At the outset, lawyer Datuk Tan Hock Chuan, who&nbsp;led the defence team, during mitigation submitted that his client was a first-time offender and that it was not a heinous crime.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">&#8220;My client was a significant contributor to the nation and he served in the cabinet and parliament for a period of 17 years.&nbsp;We asked for non-custodial sentence and that a fine be given to my client. I pray for the court to impose a fine of less than RM2,000 to retain his qualification as an MP.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Tan said the court should consider the slim majority in Parliament where the current government would be affected if the accused were to be disqualified from his MP position.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This prompted Justice Mohamed Zaini to ask, &#8220;Should I be concerned with the political development of this country?&#8221;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Tan replied that for the purpose of the court&#8217;s finding &nbsp;on the crime, the court should not be concerned, but for the purpose of sentencing, the court&#8217;s decision would have an effect.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">&#8220;The court can take judicial notice. We say that it is a factor that the court can consider. The effect is not in isolation but cumulative with others,&#8221; he said.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The lawyer further said that his client has many medical health condition, including hypertension, high cholesterol and lung&nbsp;problems.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Deputy public prosecutor Julia Ibrahim submitted that the application by the defence for a fine&nbsp;below&nbsp; RM2,000 so as not to disqualify him as a Member of Parliament is not an appropriate punishment to be given by the court.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">&#8220;The amount in the charge is RM2 million and the accused has&nbsp;previously stated that the RM2 million is&nbsp;just &#8216;pocket money&#8217; for him&#8230;every time there is an election, there will be changes. If the accused is not an MP, another person gets the opportunity to hold the post and serve the community,\u201d she said.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Asked by Judge Mohamed Zaini the amount of fine the prosecution deemed&nbsp;appropriate, Julia said it should not be less than the amount in the charge.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Julia also submitted that the court should take into account&nbsp;public interest before deciding the sentence.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">&#8220;The punishment should not only be a lesson to the accused, but also the society,\u201d she said, and cited the case of former Selangor Menteri Besar Dr Mohamad Khir Toyo who was sentenced to one year in prison for a similar offence.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Tan then stood up and told the court that it was his client&#8217;s age and health that concern him the most.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">&#8220;My main ground for asking the court not to impose a custodial sentence is not because of the disqualification (as MP). It is his age and health,&#8221; he added.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In his ruling\u00a0Justice Mohamed Zaini said he was inclined to follow precedence in previous cases and cited the corruption case of Dr. Mohamad Khir,\u00a0who\u00a0was jailed for 12 months.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">&#8220;The accused is sentenced to 12 months and a fine&nbsp;of RM2 million, in default, he would serve six months\u2019 jail. The sentence is to run from the date of the judgment,&#8221; the judge said.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">He also&nbsp;said that Tengku Adnan was not the first high-ranking public servant and politician to be convicted of a crime.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">&#8220;There have been others. Everyone is equal before the law. I do not doubt that he has served the country for many years but the sentence must reflect the crime and be a deterrent to others,&#8221; he said.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Tengku Adnan looked calm throughout the proceeding, which was also attended by his wife, Datin Seri Beatrice Ferlat Kusumo Anggraini @ Anggraini Sentiyaki, their two sons and other family members.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">When the court adjourned before the parties submitted their mitigation, his wife was heard saying something, soon after the court&nbsp;&nbsp;convicted&nbsp;Tengku Adnan of the charge, but was calmed down by one of her sons.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Meanwhile, Tan when met by reporters, said&nbsp;the defence will file an appeal against today\u2019s decision, either today or tomorrow.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Tengku Adnan, when approached by reporters,&nbsp; declined to give any comment and walked to his vehicle and left.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">&#8212; <a href=\"https:\/\/www.bernama.com\/en\/news.php?id=1914383\">BERNAMA<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>KUALA LUMPUR, Dec 21 &#8212; The High Court here today sentenced former\u00a0Federal Territories Minister Datuk&#8230;<\/p>\n","protected":false},"author":1,"featured_media":7445,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21,20],"tags":[],"class_list":["post-7444","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-crime","category-local"],"featured_image_urls":{"full":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17.jpg",1034,600,false],"thumbnail":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17-150x150.jpg",150,150,true],"medium":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17-300x174.jpg",300,174,true],"medium_large":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17-768x446.jpg",640,372,true],"large":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17-1024x594.jpg",640,371,true],"1536x1536":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17.jpg",1034,600,false],"2048x2048":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17.jpg",1034,600,false],"newsium-slider-full":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17.jpg",1034,600,false],"newsium-featured":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17.jpg",1024,594,false],"newsium-medium":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/7876f0fb6f0e647c755af98a68ed7c7a5fe032906cf17.jpg",720,418,false]},"author_info":{"info":["Editor"]},"category_info":"<a href=\"https:\/\/newmalaysiatimes.com\/?cat=21\" rel=\"category\">Crime<\/a> <a href=\"https:\/\/newmalaysiatimes.com\/?cat=20\" rel=\"category\">Local<\/a>","tag_info":"Local","comment_count":"0","_links":{"self":[{"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/posts\/7444","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7444"}],"version-history":[{"count":1,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/posts\/7444\/revisions"}],"predecessor-version":[{"id":7446,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/posts\/7444\/revisions\/7446"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/media\/7445"}],"wp:attachment":[{"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7444"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7444"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7444"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}