Friday, June 18, 2010

Tian Chua A Goner

Hantu Laut

Fine reduced from RM3000 to RM2000 for Tian Chua.Is that the minimum the judge can impose on the criminal act of Tian Chua?

The law says fine of no less than RM2000 or not less than a year's jail will disqualify an elected representative from his post.

I agree with Karpal Singh that Tian Chua is doomed as an MP unless of course the Election Commission construe it differently to avoid another by-election.

Looks like Tian Chua jumped the gun by agreeing to transfer the bail money as payment of the fine.Whether he still can appeal after paying the fine I am not sure as Article 48 is silent.

The law is very clear RM2000 or not less than a year's jail.If you are fined RM500 and given a year's jail you are still a goner.Either way you are a goner.

I'll be most surprise if the Election Commission does not call for a by-election.


PR may not be worried of not winning in the area.

7 comments:

eddy said...

Bro, the Constitution is very clear among, others Article48(1)e) states that if an MP is sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit then he is disqualified as MP.

The key word is fined not less than RM2000, means if the judge fines him RM1999.99 he is OK but the judge fined him RM2000 so he is disqualified.

However like you I think BN chance of regaining Batu is very low. It would be a minor miracle for BN with a MCA candidate to win there looking at current voting trends.

Batu's constituency is 42% Malay,41% Chinese and 13% Indians..MCA's Chua Soi Lek will have to work extra hard here unlike the other by-elections where they were mere passengers.

eddy said...

Additional info Bro, Batu was a Gerakan seat before but Gerakan had their chance, I think MCA should put in their candidate this time. That is why I said MCA's Chua Soi Lek have to work harder in the Batu by-election.

Purple Haze said...

I am just surprised that the judgre reduced the fine as it makes no difference to Tian Chua's status as MP. Why even bother to change the fine amount ?

Now, if the judge reduces it by RM 1, what is the justification ?

A by-election has to be called unless the EC now decides that it can also overrule a court judgement. It has already overreached its powers in some recent cases involving state legislatures.

Anonymous said...

For those who are happy with the fact that Tian Chua's MP status may be in jeopardy, I would like you guys to read what the judge had said while meted out the judgment !

If I am not mistaken, when the sentenced was reduced, in the context of the judgment, his intention was not to have a by election !

But by virtue of the law, it seems he himself had goofed up. Happy to be judged by one who does not interpret the law well ?

The court reporter made this report on 17th June; {quoted from free malaysia today}

"In delivering his judgment, Ghazali said: "A member of Parliament is the head of an area and should be a role model for the people.

"In this case, the appellant is a MP and it cannot be denied that we can have no special treatment due to his position. But to have a by-election would require a large amount of spending and it would affect the people, so I have decided on a punishment that would not affect so many people," Ghazali told a packed courtroom.

Ghazali said the magistrate court's judgment was in accordance with the facts and it should not be disturbed.

"However, I feel that the magistrate had slightly 'gone overboard' on a number of assumptions in his judgment," he said, adding that it was also Tian Chua's first offence.

He also advised Tian Chua to show a good example as a leader.

While the judge's intention not to have a by-election was evident in his judgment, the position of the law on the matter still caused some confusion. "

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

Hantu Laut said...

Anonymous,

Obviously, after having said all that the judge goof-up.

He could just have fined him below the threshold if he wanted to do what he said.

I am confused.

Hantu Laut said...

eddy,
It will be difficult time for BN, that's why PR is keen to have this by-election.To show their political prowess.

Anonymous said...

HL,
It isn't only PR who is interested to show its political prowess, it is also a way of bringing riches to the constituency by mean of another 'buy election' which BN is sure to lose. This is the way of showing the people's rejection of the current government's leadership which is perceived to be corrupt and incompetent. Even the judge goofed.