Tian Chua: I'm still Batu MP.......

A judge in the Kuala Lumpur High Court has decided that there is no need for him to review his decision to impose the reduced fine of RM2,000 on Batu MP Tian Chua. Justice Ghazali Cha said that as he has stepped down (functus officio), the decision on the fine stands.

However, according to lawyers for Chua, the judge maintains that his intention is clear and that he does not want a by-election to be called for the parliamentary seat in Kuala Lumpur.

Lawyer Ranjit Singh said he is aware of the Supreme Court decision PP vs Leong Ying Ming (1993) over the definition of 'not less than RM2,000'. The Supreme Court judge then had ruled that the phrase 'not less than five years' would mean five years and one day.

Chua was found guilty of biting the arm of a police officer while being arrested at a protest three years ago near the Parliament building. The PKR politician, who was elected Batu MP in 2008, was charged under Section 32 of the Penal Code, with intentionally causing injury to a police constable on duty.

Last October, the Kuala Lumpur Magistrate's Court had sentenced Chua to six months in jail and fined him RM3,000. On appeal, the High Court upheld the conviction but reduced his fine RM3,000 or two months' jail in default. Chua told reporters this morning that he is still Batu MP.

"I will serve my constituents and will go to Parliament after this," he said after his lawyers and the prosecutors met the judge in chambers.

This was to clarify whether his decision last Thursday would effectively disqualify Chua as a MP, based on Article 40 of the federal constitution. Chua is represented by Ranjit, Amer Hamzar Arshad and Razlan Hadri Zulkifli. The prosecutors were led by DPPs Mohd Hanafiah Zakaria and Lee Keng Fatt.

source:malaysiakini

The judge main intention of reducing the fine was to avoid a by-election. Whether there should be a by-election or not is for the judge to determine. The fine is RM2,000 but it's up to the EC, not the judge, to decide Tian Chua's status as MP.

Isn't it obvious that whatever judgement is tied to the government's intentions? Is the judge supposedly representing the BN government here........

cheers.