Tian Chua case: Judge will not review ruling

A judge in the Kuala Lumpur High Court has decided that there is no need for him to review his decision to impose the reduced fine of RM2,000 on Batu MP Tian Chua.

Justice Ghazali Cha said that, as he has stepped down (functus officio), the decision on the fine stands.

However, according to llawyers for Chua (left), the judge maintains that his intention is clear and that he does not want a by-election to be called for the parliamentary seat in Kuala Lumpur.

Lawyer Ranjit Singh said he is aware of the Supreme Court decision PP vs Leong Ying Ming (1993) over the definition of 'not less than RM2,000'.

The Supreme Court judge then had ruled that the phrase 'not less than five years' would mean five years and one day.

Chua was found guilty of biting the arm of a police officer while being arrested at a protest three years ago near the Parliament building.

The PKR politician, who was elected Batu MP in 2008, was charged under Section 32 of the Penal Code, with intentionally causing injury to a police constable on duty.

Last october, the Kuala Lumpur Magistrate's Court had sentenced Chua to six months in jail and fined him RM3,000.

On appeal, the High Court upheld the conviction but reduced his fine RM3,000 or two months' jail in default.

Chua told reporters this morning that he is still Batu MP.

"I will serve my constituents and will go to Parliament after this," he said after his lawyers and the prosecutors met the judge in chambers.

This was to clarify whether his decision last Thursday would effectively disqualify Chua as a MP, based on Article 40 of the federal constitution.

Chua is represented by Ranjit, Amer Hamzar Arshad and Razlan Hadri Zulkifli.

The prosecutors were led by DPPs Mohd Hanafiah Zakaria and Lee Keng Fatt.

The problem revolves around the interpretation of Article 48 of the federal constitution on the disqualification of a MP.

Based on Ghazali's judgment, many lawyers had argued that Chua would have to vacate his parliamentary seat and that he will be banned from contesting a seat for five years.

The article says that, if a MP has been convicted by a court of law and faces a jail term of not less than one year or a fine of not less than RM2,000, he or she will be automatically disqualified and a by-election must be called.

Central to the issue is the interpretation of the definition of 'not less than RM2,000' fine for disqualification.

courtesy of Malaysiakini