PETALING JAYA: Lawyers are of the view that Malaysian United Democratic Alliance (MUDA) president Syed Saddiq Syed Abdul Rahman will not lose his Muar parliamentary seat even though he has been found guilty by the court, as he still has two chances of appeal.

The High Court today found Syed Saddiq guilty of four charges of abetting in criminal breach of trust (CBT), misappropriation of property and money laundering in connection to Angkatan Bersatu Anak Muda (Armada) funds, and sentenced him to seven years jail, two strokes of rotan and RM10 million fine.

Former Malaysian Bar president Datuk Yeo Yang Poh and lawyer Ng Kian Nam told Sin Chew Daily Syed Saddiq will not lose his seat for the time being, as he still can appeal against the sentence.

They said Syed Saddiq can still appeal to the Court of Appeal, and if this fails, he can still appeal to the Federal Court.

Even if he fails both, Syed Saddiq can still seek pardon from the Yang di-Pertuan Agong. He will only lose his parliamentary seat if he fails to secure royal pardon.

Under Article 48(1)(e) of the Federal Constitution, a Member of Parliament will be disqualified if he has been convicted of an offense by the court and sentenced to imprisonment for a term of not less than one year or to a fine of not less than RM2,000.

Ng said Article 48(1)(e) also provides that an MP will only be disqualified if he has not received a royal pardon.

In other words, Syed Saddiq can still keep his seat while going through the appeal procedures.

When asked whether Syed Saddiq can apply for caning exemption, Ng said he can try to apply through the appeal channels.

The lawyer said three situations will normally arise during the appeal procedures: the court will re-evaluate whether Syed Saddiq is guilty; whether the sentence has been too harsh; or will increase the sentence.

“If the judge feels that the sentence is too harsh, Syed Saddiq can be exempted from caning.”