Guan Eng risks losing seats over contempt charge
The Penang CM could potentially lose state leadership should court find him guilty and impose harsh sentence for contempt of court, says lawyer.
KUALA LUMPUR: Penang Chief Minister Lim Guan Eng risks being disqualified as an elected representative if the court finds him guilty and imposes an excessive sentence for contempt of court.
Lawyer M Visvanathan said showing disrespect to the administration of justice was criminal in nature and there was no written law on minimum and maximum sentencing.
“The court has been given the discretion to impose a fine or jail term or alternatively, to let off the accused with a reprimand,” he told FMT.
Article 48 of the Federal Constitution disqualifies a person from being a Member of Parliament for five years should he be convicted and sentenced to more than one year, or fined more than RM2,000.
A similar provision is also provided in all state constitutions, thus Lim stands to lose his Penang chief ministership as well.
“Lim could potentially lose his right as MP and assemblyman should the court find him guilty and impose a harsh sentence,” he said in response to Lim being charged with contempt of court.
Last week, the Kuala Lumpur High Court gave leave to Attorney-General Mohamed Apandi Ali to begin contempt proceedings against Lim.
Apandi said that Lim had issued media statements with the knowledge it would interfere with the administration of justice, erode the public confidence in the judiciary and insult the dignity and integrity of the Malaysian courts.
Lim had claimed that the two corruption charges were a “conspiracy” against him, as well as “trumped-up”.
Lim, who is also DAP secretary-general, is Bagan MP and Air Puteh assemblyman.
In June, Lim and businesswoman Phang Li Koon, who allegedly abetted the politician, claimed trial at the High Court in George Town.
Lim was charged with using his public office to obtain gratification for himself and his wife Betty Chew. He was alleged to have approved an application by Magnificent Emblem to convert agricultural land for residential purposes and on a second charge of allegedly using his position as CM to obtain gratification by purchasing a bungalow from Phang for RM2.8 million – well below the market price.
According to Visvanathan, a precedent was set when former Bukit Bintang MP Wee Choo Keong was disqualified from remaining as an MP after he was convicted for contempt of court and fined RM7,000 by the then Supreme Court on April 14, 1995.
Wee then contested and retained the Bukit Bintang parliamentary seat in the 1995 General Election, held later the same month, but Barisan Nasional candidate Lee Chong Meng (from MCA) filed an objection.
Election judge, Ahmad Fairuz Sheikh Abdul Halim annulled Wee’s win as contempt was a criminal offence and that he had been fined RM7,000, way above what was provided in the constitution, to keep his seat.
Stay current - Follow FMT on WhatsApp, Google news and Telegram
Following the decision, Fairuz then ruled that Lee be declared the Bukit Bintang MP.