Is Tian Chua’s position as a member of parliament really safe?

According to veteran lawyer Karpal Singh, Tian Chua’s Batu parliamentary seat should still be declared vacant although the High Court on Thursday had reduced his RM3,000 fine to RM2,000 for assaulting a policeman.

“The Constitution is very clear, if you are fined RM2,000 and more, or jail one year and more, you will be disqualified,” he said.
Article 48 of the Federal Constitution states that a member of parliament will be disqualified if he is sentenced to imprisonment for a term of not less than one year or to a fine of not less than RM2,000 and has not received a free pardon.

“RM2,000 is the cut off point. His seat would have been saved if the fine is less by one sen or RM1,” he said adding that the High Court judge might have misinterpreted the Constitution.

He said Tian Chua could only appeal against the High Court’s decision if he obtained the leave from the court.
“However the appeal must only be based on the point of law,” he said.

“He has 14 days to do something about this. If he did not appeal within these 14 days, he can be deemed disqualified,” said Karpal.

Tian Chua’s counsel Amer Hamzah Arshad, who wanted to seek clarifications from the High Court judge yesterday told reporters that he was informed by the judge that his grounds were clear and there was no need for clarifications.
On Thursday, Tian Chua’s another counsel Ranjit Singh had told reporters that Tian Chua might only lose his seat if the fine was RM2,001 or more.

Tian Chua had paid the RM2,000 fine on the same day.

Judge Datuk Ghazali Cha on Thursday allowed Tian Chua’s appeal against the magistrate’s court’s sentence.

In his ruling, Ghazali had said a by-election would be needed if the sentence passed by the magistrate was upheld. He had also set aside the six months’ jail term imposed by the magistrate.

Tian Chua, whose real name is Chua Tian Chang, claimed trial at the magistrate’s court to biting constable Rosyaidi Anuar at the entrance to the Parliament complex at 10.45am on Dec 11, 2007.

Source: NST Online

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