SHAH ALAM,. Batu MP Tian Chua (pic) has been cleared to run in the 14th General Election following a decision by the High Court here to reduce his fine from RM3,000 to RM2,000.
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 here 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.
Tian Chua – whose real name is Chua Tian Chang – was originally fined RM3000 or three months jail in default by a Sessions Court for insulting the modesty of a policeman 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 a hotel at 7.45pm on April 14, 2014.
The charge under Section 509 of the Penal Code carries 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 three months’ jail, after finding him guilty of the offence.