Tian Chua might appeal court decision

KUALA LUMPUR, June 21 — PKR’s Chua Tian Chang, who appears to be in a Catch-22 situation over his status as Batu MP, may file an appeal against his court sentence, thus rescuing himself from the sticky dilemma.

The wily politician, however, insists that if he were indeed to appeal the sentence, it would be to prove his innocence, and not to settle the dispute over his validity as an MP.

In a late press conference in Parliament tonight, the former civil rights activist insisted to the media that despite reports to the contrary, he was still the Batu MP.

“I think let us leave the matter to rest because today, we have received the judge’s assurance on my status so I think... leave it at that.

“However, I still maintain that despite the fact there is no disqualification, it was still an unfair judgment (to find me guilty) because I am innocent from any wrongdoing,” he said.

Chua (picture) was found guilty of biting a police constable on the arm outside the Parliament building in 2007.

He was initially slapped with a RM3,000 fine in default six months’ jail sentence by a magistrate but the sentence was reduced to RM2,000 in default two months’ jail by High Court Justice Datuk Ghazali Cha last week.

Despite the reduction of the sentence and the reason given by the judge that his decision was to avoid a by-election, questions still hang over whether the RM2,000 fine is enough to disqualify Chua as an MP.

Article 48 of the Constitution states that an MP should be disqualified from his seat if he is fined not less than RM2,000 or sentenced to not less than a one-year jail term for an offence.

DAP chairman Karpal Singh has continued to insist that the RM2,000 punishment was enough to disqualify Chua as an MP.

“The issue here is not on my status. It is on the fact that I am innocent. I regret that the High Court had not looked into the evidence that there was no biting,” Chua insisted.

Although he had earlier indicated that he would not appeal Ghazali’s ruling, the first-term MP said tonight that he would discuss the issue with his lawyers.

“I want to return my innocence. I did not commit any crime. I will wait for my lawyers to advise me on this issue... not on my status as an MP, but on my innocence.

“My MP status no longer arises because there is no threat that my seat has been declared vacant,” he said.

On Karpal’s persistence in saying that he should be disqualified, Chua said he understood the veteran lawyer’s point of view and bore no grudges against him.

“I understand what Karpal is doing. Basically, he is insisting that as long as such an unjust law exists, we will all continue to be victims of such laws,” he said.

Chua added that a RM2,000 fine or RM2,500 fine in such cases was not a justifiable amount to disqualify an MP from his seat.

“The law should not be there. It should not include people who engage in activities like peaceful assemblies or those who speak out for the people.

“MPs should enjoy the immunity of being allowed to carry out their duties as the people’s voice. Laws that are draconian and that threaten the freedom of representatives to speak out and to act in defence of the people should be scrapped,” he said.