Amid raging debate over whether he can still remain a Member of Parliament, popular Batu lawmaker Tian Chua is unfazed and has called for calm, urging his supporters and coalition mates to be patient until further clarification from the High Court.“In general, I am not worried. It is not about the figure. The judge specifically said the quantum should not cause any by-elections as that would be against public interest,” Tian told Malaysia Chronicle.
The 47-year old PKR leader - who shot to national prominence in the late 1990s - has won widespread appeal for his work in defending civil and environmental rights. On Thursday, he also found support from an unlikely quarter - de-facto Law Minister, Nazri Aziz, who has asked all parties to accept the latest judgment.
“As far as I am concerned, Tian Chua is still an MP because the fine of RM2,000 does not trigger any disqualification although RM2,001 would cause him to lose the seat,” Nazri said.
Monday D-day
Tian’s lawyers will meet High Court Judge Ghazali Cha along with the prosecutors on Monday. Ghazali had upheld a lower court ruling against Tian, who was convicted of biting a policeman during a fracas in front of Parliament House in 2007. However, he reduced the penalty to a fine of RM2,000 or two months’ jail compared with the magistrate's fine of RM3,000 and six months’ jail.
“I would say the magistrate went overboard in deriving to making speculations in arriving at the conviction. But I would not disturb the conviction because of the finding of fact,” Ghazali had said in his judgment on Wednesday.
“However, I note that although the sentencing is up to the magistrate, it is a first offence. Having him disqualified would result in a by-election to be called and this would involve a lot of funds. A by-election will also affect a lot of people.”
Hungry Gerakan
Nevertheless, legal practitioners are divided over whether Tian can still hold his seat despite Ghazali’s clearly-stated intention to not trigger a by-election. This is because the federal constitution states that a Member of Parliament who has been convicted of an offense by a Malaysian court must vacate his seat if he is sentenced to not less than one year’s jail or fined not less than RM2,000 and has not received a free pardon.
Already speculation is rife that Gerakan president Koh Tsu Koon is eyeing the seat, while the Election Commission wants to declare the seat vacant. Gerakan, which suffered widespread voter rejection in the 2008 election, has only two seats left in the Parliament. In 2008, Tian wrested the Batu seat from Lim Si Pin, the son of former Gerakan chief Lim Keng Yaik, by a 9,445-vote majority. He captured 29,785 votes versus Si Pin's 20,330.
source:Malaysia Chronicle
The intention of the judge was very clear that is to avoid a by-election, but, the language anomalies and ambiguities as found in article 48 and 53 of the Federal constitution allows multiple interpretation. We are practicing 'rounding-up' in paying anything,therefore RM2,000 is actually for the fine of RM1,999.99? Give Tian Chua the benefit of doubt!
I think Najib 1Malaysia will ask the Election Commission not to hold a by-election. The chances of BN winning will be very slim, even if Pak Jib come to Batu dressed as Santa Claus throwing millions to the voters.
It will not be another Hulu Selangor but will be another Sibu,probably worse. It's good for the voters of Batu to have a by-election,coz they can ask Pak Jib and BN for projects. Since Najib 1Malaysia has a high popularity rating, it good to test his popularity here,before he suprises us with the general election.......
cheers.
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