Tian will remain as Batu MP, says judge

By Teoh El Sen - Free Malaysia Today

PUTRAJAYA: High Court judge Ghazali Cha has revealed that his judgment ensures that PKR's strategic director Tian Chua will remain as the MP for Batu.

Ghazali had previously upheld the MP's conviction for assaulting a policeman but reduced the sentence from six months jail with RM3,000 fine to RM2,000 fine and two months jail in default.

Chua, who paid the fine, filed a notice of motion this afternoon for leave to appeal against his conviction and sentence at the Court of Appeal.

In his written judgment made available last week and now published on the Internet, Ghazali reiterated that among his reasons for reducing Chua's sentence was to avoid a by-election.

"After judgment was made on the appellant, the question on whether the RM2,000 fine would mean that the appellant loses his qualification as a MP arose. In my brief judgment (that) I read out on hearing day, I had stressed that among the factors that the sentence was reduced was related to a by-election..."

The term "a fine of not less than RM2,000" which was part of the requirement for the disqualification of a MP under the Federal Constitution turned into subject of debate as some legal experts argued that the amount was enough to disqualify Chua.

Said Ghazali: "In my opinion, RM2,000 is a guideline or border that should not be considered in ascertaining the intentions of the lawmaker in reference to 48(1)(e) of the Federal Constitution."

Lawyer: Tian is safe

Speaking to FMT, Chua's lawyer Amer Hamzah Arshad said his client's status was clear-cut."The grounds of judgment is out and it is very clear how the judge explained his decision. The judge had also distinguished between the cases of Fan Yew Teng vs Government of Malaysia (1976) and Public Prosecutor vs Leong Yin Ming (1993) and he went with Leong," he said.

"As far as we are concerned, he (Tian) is safe and is not caught under that clause. (Other) lawyers are entitled to their opinion,” he added.

Last October, magistrate Mohd Faizi Che Abu sentenced Tian Chua, 46, to six months' jail and RM3,000 fine for biting the ear of a police officer.Chua was granted a stay of execution pending his appeal.

Chua was found guilty of causing hurt to Constable Rosyaidi Anuar, 21, when the police officer was carrying out his duties at the entrance of the road towards Parliament building in Jalan Parlimen, at 10.45am on Dec 11, 2007.

Chua was accused of biting Rosyaidi’s arm after the policeman stopped the car he was in and pulled him out.