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:
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
(e) 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; or
(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:
15% Indians and
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.