Tian Chua no longer MP, says Karpal

Karpal said there was no doubt that the RM2,000 fine would disqualify Tian Chua

PKR’s chief strategist Chua Tian Chang is no longer a member of Parliament, Bukit Gelugor MP Karpal Singh said today.
The veteran parliamentarian, who is also a lawyer, said the Batu seat automatically became vacant following the High Court decision yesterday, paving the way for the Election Commission (EC) to call for fresh polls. The EC is now mulling the possibility.
“If it’s RM2,000, [Chua’s hopes are] dead. The seat has become vacant. The Federal Constitution clearly states that if it’s RM2,000 or more, you are disqualified. There is no argument about that,” Karpal said, responding to questions over Chua’s status as MP.
Citing the 1975 case of DAP MP Fan Yew Ting as precedent, Karpal said the Dewan Rakyat speaker had declared the Menglembu seat vacant after Fan was convicted under Sedition Act and fined RM2,000.

The DAP chairman noted that the law had been amended after the Fan case to allow for automatic disqualification of an MP upon conviction, without the decision having to pass through the Dewan Rakyat.

High Court judge Datuk Ghazali Cha amended yesterday a lower court’s sentence on Chua for causing hurt to a policeman three years ago, and ordered the PKR man to pay a RM2,000 fine or spend two months behind bars in default. The original fine was RM3,000 or six months’ jail.

Article 48(1)(e) of the Federal Constitution states a person is disqualified from being an MP if he has been convicted in a court of law and sentenced “to a fine of not less than two thousand ringgit”.

“There is no doubt in my mind that the judge meant well [and] wanted to avoid a by-election. But the judge cannot revise his own decision at this point,” Karpal said.

“If the judge sticks to his decision, the seat will have to be declared vacant,” he added.

Chua’s lawyer, Amer Hamzah Arshad, tried to meet Justice Ghazali earlier this morning for clarification but failed.

“We were informed by the judge though his deputy registrar that his grounds are clear and there’s no need for clarification,” Amer told The Malaysian Insider in a text message.

Meanwhile, Chua denied he had paid his fine yesterday, when contacted  this morning.

But Karpal stressed that it did not matter if Chua had paid the fine or not as the judge had already made the order and cannot change it.

Karpal also said that the decision to call for a by-election for the Batu Parliamentary seat was no longer up to the Dewan Rakyat Speaker, but in the hands of the EC.

The speaker is usually the authority to alert the EC of a vacancy in the lawmaking body, clearing the way for fresh polls.

“Nobody can intervene in a judicial process. [It would be] contempt of court,” the 69-year-old lawmaker explained.

Karpal, who is also representing de facto PKR chief Datuk Seri Anwar Ibrahim in his Sodomy II trial, said Chua still has options at this point, but that they were limited.

Chua could appeal with the Court of Appeal in Putrajaya, but he must file for leave within 14 days of the High Court decision.

But lawyer Sankara Nair pointed out that the appeal may be considered only if there was a “point of law” and he doubted the blunder could be used as a valid reason for an appeal.

“The judge may have erred, [and the] lawyers at that time must have thought he was right,” said Sankara.

The alternative to Chua winning an appeal against the High Court judgment was to seek a royal pardon.




comments


Good la. These kinda monkey business BN do makes PR stronger. Rakyat not blind. Rakyat not stupid. Not TDM era anymore. Can trigger more fire and anger of the voters. The next pangkah will pangkah them out not only Batu but Putrajaya. Lets see!!

It party time for Batu voters. We will have santa claus coming to our place for help - " You help me and I will help you. Tonite if BN wins come to my office, i will get the cheque prepared for RM5.0 million. Another point we batu voters would like to see is the 72% popularities the BN Adminstration claiming to have. If this is true, gurantee BN will win with a 20,000 majority. Ok lets pray for the by-election.
Karpal you really caught the judge off hand - RM2000.00. You are smart in law - our judge can give judgement that ot avoid having a by-election which is wasting public money, still he fine tian chua with RM2000.00 without really reading the fine line. Our judges are really great.

Quickly, Tian C must resign as PKR member and declare himself as a BN-friendly Independent MP!!
Puppy EC chairman will then declare "It's OK, only RM2,000, no problem, he can remain as MP, no buy election lah."