Friday, 18 June 2010

Batu By-election coming very soon..MCA better be prepared

updated - Batu Constituency voters breakdown

PKR MP Tian Chua's reduced sentencing by the High Court after being found guilty for biting a Police Officer on duty caught my attention, he was initially found guilty in a Magistrate Court and fined RM3,000 or six months jail.

The story from the Malaysianinsider here:

Poser over Tian Chua’s status as MP and RM2,000 fine enough to cost Tian Chua MP seat

Its not so much about Tian Chua's reduced sentencing to a fine of RM2000 that bothers me but the little bit that the High Court judge was reported to have said before he reduced the sentence that the punishment meted by the Magistrate Court would disqualify Tian Chua from his MP post and cause a By-election that will have both social and economic cost.

I have a problem here, can a Judge say these things in open court? I believed that sentencing of those found guilty of a crime should be based on facts/adduced evidence and the Law and not something that is outside the purview of the judge such as deciding on whether a by-election should be held or not held.

The reduced sentence would not help Tian Chua anyway as our Perlembagaan clearly state:

Federal Constitution

Disqualification for membership of Parliament

48. (1) Subject to the provisions of this Article, a person is
disqualified for being a member of either House of Parliament if—

(a) he is and has been found or declared to be of
unsound mind; or

(b) he is an undischarged bankrupt; or

(c) he holds an office of profit; or

(d) having been nominated for election to either House of
Parliament or to the Legislative Assembly of a State, or
having acted as election agent to a person so nominated,
he has failed to lodge any return of election expenses
required by law within the time and in the manner so
required; or

he has been convicted of an offence by a court of law
in the Federation (or, before Malaysia Day, in the territories
comprised in the State of Sabah or Sarawak or in Singapore)
and sentenced to imprisonment for a term of not less than
one year or to a fine of not less than two thousand ringgit
and has not received a free pardon;

(f) he has voluntarily acquired citizenship of, or exercised
rights of citizenship in, any country outside the Federation
or has made a declaration of allegiance to any country
outside the Federation.

read more of the
Perlembagaan in BI.

From the above, I think a by-election will have to be called as the Speaker of Parliament should now declare the Batu Parliamentary seat vacant based on the High Court conviction read together with Article 48(1)(e) of the Perlembagaan. Let us not talk about Tian Chua being pardoned lah..any body who bites a Police Officer should not get a pardon it sets a bad precedent ma.

According to wiki;

There are about 80,000 voters in Batu constituency with:

42% Malays,
41% Chinese,
15% Indians and
2% others.

PKR Tian Chua last won with a huge majority of 9,455 thumping BN Lim Pi Sin. If a by-election is called, a BN/MCA candidate should contest (Gerakan had their chance)....what a battle royale it will be, MCA's President first acid test, Datuk Chua Soi Lek will have his work cut out for him as I predict that PKR will probably field Dato' Chua Jui Meng. I think it will be a small miracle if BN wins in Batu though.


Anonymous said...

YB Tian Chua may bite another hand that feeds, should a by-election be called.

In any case, the decision and sentencing is rather odd and it may be in contempt of court to comment on the oddities made by the learned judge.

YB Tian Chua should consider himself lucky to have a judgement discount, like a bargain at the pasar malam.

Now, what about his Mercedes involved in another accident? What's the outcome? Another bargaining case?


eddy said...

Thanks for leaving your comment Bro AGMDN and point taken, I suppose Tian Chua is indeed lucky if he can still keep his MPship, his fate will be decided in the next couple of days by the legal powers that be. I would be interested to read the grounds of the High Court decision.

Also I think Tian Chua is in the clear with regards to the Mercedes/motorbike accident at Kota Tinggi as he was not driving at that time. Talk about the cat with nine lives.

I am not too anxious about MP YB Tian Chua's predicament though, there is another PKR MP another YB on trial for alleged sodomy who if convicted will cause him to vacate his seat and a by-election to be called. Wonder what will happen at the end of the YB's trial.

Anonymous said...

Hey YBs, its OK to bite the ear off a policeman. Pay the fine and get out of jail. The laws you make don't apply to you.

Musa, can I suggest that the Police design a new helmet that extend protection over the ears cos its OK for YBs to bite the ears off your men for RM2000.