High Court upholds Tian Chua's conviction, but reduces fine

The High Court in Shah Alam today upheld a conviction against Batu MP Tian Chua for a charge of insulting the modesty of a police officer.

Judicial Commissioner Abdul Karim Abdul Rahman, who dismissed Tian Chua's appeal against his conviction under Section 509 of the Penal Code, however, reduced an earlier sentence of RM3,000 fine decided by the Shah Alam Sessions Court last March.

"I found that the RM3,000 fine was not an appropriate sentence (so) I reduce it to RM2,000, in default of two months' jail.

"Therefore the (cross) appeal by the prosecutors to increase the sentence is rejected," said Abdul Karim.

In his ruling, Abdul Karim noted that the Sessions Court in its earlier sentence only stated, in brief, the offence "was not something to be taken lightly" without further elaborations.

In upholding the conviction, Abdul Karim said the Sessions Court was right to rule that Tian Chua had insulted the modesty of the respondent with words including "bastard" and "stupid police".

When met by reporters later, Tian Chua said the reduced sentence would allow him to contest in the forthcoming 14th general elections.

"I'm relieved over the court decision. I am not disqualified to contest because the decision does not affect my eligibility," said Tian Chua who was accompanied by PKR president Dr Wan Azizah Wan Ismail.

Asked whether he would proceed to further appeal against the conviction, Tian Chua insisted his focus would now be on preparations to face the elections.

Earlier, Abdul Karim heard submissions from Tian Chua's counsel Eric Paulsen, who during mitigation, appealed for a reduced sentence, on grounds including that the offence against a police officer was not a "pre-meditated" act.

"We are appealing to the court to let the appellant continue with his work as an MP and we request for a fine of less than RM2,000," said Paulsen.

Deputy Public Prosecutor Nurul Huda Mohd Nor, who appealed for a higher sentence, cited a Court of Appeal judgement against Penang Chief Minister Lim Guan Eng that the status of an appellant should not be a relevant factor to be considered by the court.

Tian Chua, whose real name is Chua Tian Chang, 54, had apparently said the offending words to the police officer when the latter tried to seize his handphone outside the Armada Hotel in Petaling Jaya, four years ago. -Mkini