Malaysia opposition MP jailed for breaching secrecy act

By P Prem Kumar

KUALA LUMPUR

A prominent Malaysian opposition lawmaker has been sentenced to 18 months in prison on charges of revealing a classified investigation document related to debt-ridden state wealth fund 1Malaysia Development Berhad (1MDB).

Rafizi Ramli, vice-president of the People's Justice Party, was sentenced on two charges of possessing and disclosing documents from the Auditor-General's then-ongoing probe into 1MDB last March, which were classified under the Official Secrets Act (OSA) 1972.

Kuala Lumpur Sessions Court judge Zulqarnain Hassan, however, granted a stay of execution pending an appeal in the High Court.

Under the country's Federal Constitution via Article 48, elected lawmakers are disqualified from holding office if they are sentenced to more than a year in prison or fined not less than 2,000 Malaysian Ringgit ($463).

Those convicted of violating the OSA face jail sentences of one to seven years.

Ramli's lawyer Gobind Singh Deo told reporters outside the courtroom Monday that his client might be disqualified from contesting in the 2018 general election unless his conviction is overturned.

A convicted person may not stand for office even if the decision is being appealed, and the restriction is only lifted if the conviction is reversed, he said.

Deo also confirmed that Ramli would file an appeal today, with his legal team due to write in to the court to expedite the appeal process given his status as an elected representative.

Meanwhile, the country's Election Commission (EC) said in a short statement that Ramli would remain as a member of parliament until the final outcome of his appeal, as stipulated in the Federal Constitution, and his Pandan constituency would not be declared vacant.

“Since the case has not been concluded, it is not fair for the EC to comment on the need for a by-election to fill a potential vacant seat,” Chairman Mohd Hashim Abdullah said. “Any legislation decisions would only be decided after the appeal process as stipulated under the Federal Constitution is completed."

1MDB -- a brainchild of Malaysian Prime Minister Najib Razak -- was established in 2009 to undertake key development projects in Kuala Lumpur and spur Malaysia’s economic growth.

Since then, the fund has been hit by controversy revolving around 50 billion Ringgit ($12.9 billion) in debts it has incurred since inception.

In July 2015, the Wall Street Journal and whistle blower site Sarawak Report released reports quoting documents -- which they reported to be from an ongoing probe into 1MDB's affairs -- claiming $700 million (or 2.67 billion Ringgit) moved among 1MDB-linked government agencies, banks and entities before finally ending up in Razak’s personal accounts in five separate deposits.

Razak has denied any wrongdoing in the case, and on Jan. 26, Malaysia’s Attorney General Apandi Ali ruled out wrongdoing by the premier in connection with a “political donation" in his accounts that had previously been suspected of coming from 1MDB.