The first-term lawmaker was convicted of biting a policeman on duty outside the Parliament building in November 2007 and fined RM3,000 by a magistrate’s court, which under federal law automatically disqualifies him as an MP.
Confusion arose when the High Court ruled last year to lower the fine to RM2,000; which was upheld by the Court of Appeal yesterday when Chua’s appeal was struck out.
Chua maintains he is still an MP.
But EC deputy chairman Datuk Wan Ahmad Wan Omar said only the Dewan Rakyat Speaker has the authority to make a decision on the issue.
“It’s up to the Dewan Rakyat and the Speaker to determine his status,” Wan Ahmad told The Malaysian Insider today when contacted.
“I just want to emphasise that the decision is no longer with the EC because the question of a by-election does not arise anymore,” he said, adding the Speaker is also obliged to settle the question now before the coming general election, which many observers believe could take place any time between now and early next year.
Wan Ahmad explained that any question of Chua’s candidacy in the next polls — should the latter decide to run again — will hinge on the Speaker’s decision.
“If Tian Chua is determined to be disqualified because of the RM2,000 fine, then he is barred from standing as an election candidate for five years,” he said.
Article 48 of the Federal Constitution states “a person is disqualified from being a Member of either House of Parliament if ... (e) he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the State of Sabah or Sarawak or in Singapore) and sentenced to imprisonment for a term not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon.”
A 1975 case saw a DAP MP losing his parliamentary seat because he was similarly fined RM2,000.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.