Tian Chua remains Batu MP

Tian Chua (second right) is congratulated by his party mates despite having his conviction upheld by the High Court


Batu MP Chua Tian Chang and his party — PKR — must have sighed with relief today when the High Court fined him RM2,000 or two months’ jail for biting a police officer outside Parliament in November 2007.

His original sentence of a RM3,000 fine and a six-month jail term would have meant Chua losing his Batu parliamentary seat.

Under Article 48 of the Federal Constitution an MP is disqualified if he is convicted of an offence and sentenced to imprisonment for a term of not less than one year or to a fine of not less than RM2,000.

In October last year, he had been found guilty by the magistrates’ court for obstructing a police officer from performing his duty.

“It’s considered a victory,” the PKR MP better known as Tian Chua told reporters after the decision before rushing off to pay his reduced fine before the counter closed at 4pm.

If Chua does not pay the fine, he will have to spend two months behind bars.

The smiling Chua briefly added that he was surprised by the decision and appreciated the judge taking into consideration the burden another by-election would have on the economy.

If the sentence had been upheld, fresh polls would have to be called to elect a replacement for Chua, who would automatically be stripped of his post as a federal lawmaker.

It would have been the 12th by-election in just over two years since the landmark general elections which saw four states fall to opposition parties.

In his oral judgment this afternoon, Judge Datuk Ghazali Cha noted a by-election would incur more spending of public funds and advised Chua to be more mindful of his behaviour.

“An MP is a leader in his constituency and a role model to the rakyat,” Justice Ghazali said.

Chua insisted he was innocent of the offence but did not elaborate further if he would appeal against his conviction at the Court of Appeal.

Chua’s lawyers, led by Amer Hamzah Arshad, explained later the High Court had made two decisions today: while it had significantly reduced the sentence for Chua, judge Datuk Ghazali Cha upheld magistrate Mohd Faizi Che Abu on Oct 22 last year that the MP was guilty of biting 21-year-old Constable Rosyaidi Anuar.

Amer added that if the MP wished to overturn the “guilty” verdict, he must file an application with the Court of Appeal in Putrajaya.

The lawyer also noted the prosecution could appeal against today’s High Court decision to reduce Chua’s sentence with the appellate court; and added they had 14 days to do so.