Opposition candidates with pending court cases face a risk

KUALA LUMPUR: It is a risky game for at least seven opposition candidates in the 14th General Elections (GE14) with criminal cases pending in court, including Penang Chief Minister Lim Guan Eng.

Federal Constitution expert Dr Muhammad Fathi Yusof said if the court meted out a final judgment of more than a year’s jail or a fine higher than RM2,000, they would lose the seat if they won it.

“This is the risk faced by those contesting GE14 with criminal cases on hold.

“If the candidate wins any state or parliamentary seat, he could automatically lose the eligibility to continue serving in the elected position, if he loses his case,” he said, referring to Article 48(1)(e) of the Federal Constitution.

He said the article stated that an elected member of parliament or assemblyman was disqualified if he receives a jail sentence of more than a year or was fined higher than RM2,000 and had not received a pardon.

“This would disqualify the elected representative, following which a fresh by-election in the constituency would have to be called.”

A portal reported that at least seven opposition candidates had cases pending at various stages.

Among them was Lim, who was charged with abusing his position to gain profit by allegedly changing the status of agricultural land to housing land and for buying a house below market value.

He faces imprisonment of up to 20 years and a fine of up to five times the amount or value of the kickback, or RM10,000, whichever is higher, for the first charge, and two years’ jail or a fine, or both, upon conviction for the second charge.

Lim, who is DAP secretary-general, will contest state and parliamentary seats in Penang.

The High Court fixed May 21 for his trial.

DAP’s candidate for the Kapayan state seat in Sabah, Jannie Lasimbang, will know today whether she can contest GE14.

The High Court will decide on the prosecution’s appeal against Jannie’s acquittal from two counts under the Peaceful Assembly Act (APA). The charge under Section 9(5) provides for a fine of up to RM10,000.

Jannie is the organiser of the Bersih 4 demonstration in Sabah from Aug 29 to 30 in 2015.

Johor PKR committee member Steven Choong Shiau Yoon, who will contest the Tebrau parliamentary seat, was convicted for participating in the “Free Adam Adli” demonstration near a petrol station in Johor Baru on May 21, 2013. The prosecution has appealed to the Court of Appeal against a fine of RM1,500 imposed by the High Court.

PKR vice-president and former Bukit Katil member of parliament Shamsul Iskandar Mohd Akin was charged for protesting at a place of worship, an offence under the Peaceful Assembly Act 2012. While his trial at the Kuala Lumpur Sessions Court is in progress, he will contest the Hang Tuah Jaya parliamentary seat and Machap Jaya state seat in Melaka.

Another PKR vice-president, Tian Chua, was found guilty by the Sessions Court in 2016 for making seditious statements at a forum in 2013.

Chua, who will defend the Batu parliamentary seat, was sentenced to three months’ jail and a fine of RM1,800, but has since been cleared to contest GE14.