Batu MP Tian Chua has been cleared to run in the 14th General Election after the Shah Alam High Court reduced his fine from RM3,000 to RM2,000 today.
Under Article 48 of the Federal Constitution, an elected representative is disqualified if he is sentenced to more than 12 months’ jail or fined more than RM2,000.
Judicial Commissioner Ab Karim Ab Rahman allowed the appeal filed by Tian Chua, saying that the offence under Section 509 of the Penal Code did not involve bodily harm.
“It does have some element of public security but it was not premeditated. I find the RM3,000 fine imposed was excessive,” he said when dismissing the prosecution’s cross-appeal to increase the sentence on Friday (March 2).
He, however, dismissed Tian Chua’s appeal against the conviction itself.
DPP Nurulhuda Nur’Aini Mohd Nor appeared for the prosecution while N Surendran, Eric Paulsen and Latheefa Koya appeared for Tian Chua.
The two-term MP, whose real name is Chua Tian Chang, was originally fined RM3,000 or three months jail in default by a Sessions Court for insulting the modesty of a policeman on duty with vulgar words.
Tian Chua claimed trial on Aug 12, 2014, to insulting the modesty of Deputy Supt Glenn A Sinappah at the main entrance of Armada Hotel at 7.45pm on April 14, 2014.
The charge under Section 509 of the Penal Code provides for a maximum jail term of five years, a fine or both upon conviction.
Last year, a Petaling Jaya Sessions Court fined Tian Chua RM3,000 in default of three months’ jail, after finding him guilty of the offence.
“It is a regret that I remain convicted but I am relieved. I still maintain that I did not commit any offence that has insulted the police’s modesty.
“I will not proceed with any other appeal involving this case now that my eligibility as an MP and contestant for GE14 is unchanged. It is time to focus on the preparations for elections” Chua told reporters at the Court lobby today.
The Opposition lawmaker was also jailed for a month by the Court of Appeal on Sept 29 last year. He then withdrew his appeal against his conviction and jail sentence for refusing to obey a police order to leave a restricted area during the 2012 Bersih 3 rally.
He was also fined RM1,800 and jailed three months by the Kuala Lumpur Sessions Court under a separate conviction for making seditious statements at a forum in 2013.
His sedition appeal will be heard on June 28.