Tian Chua remains Batu MP

KUALA LUMPUR, June 30 PKR vice-president Chua Tian Chang will remain as Batu MP after the Dewan Rakyat Speaker said today he will follow a court judgment that wanted to avoid a by-election in the federal seat.

Tan Sri Pandikar Amin Mulia told Parliament that he would hold to the doctrine of separation of powers and not deliberate on the judgment passed down by the High Court over Chuas conviction for biting a policeman.

That is the decision of the judge in the appeal. The doctrine of separation of powers clearly differentiates the three branches of government the Executive, Legislative and Judiciary. Therefore, holding to this principle, this august House holds to the interpretation of the judge, he said.

The Court of Appeal had in April rejected Chuas (picture) appeal against the conviction as it was filed after the 14-day window.

The decision effectively upholds last years High Court decision on his conviction and sentence of a RM2,000 fine or two months jail, thus throwing his seat status into question.

Under Article 48 of the Federal Constitution and preceding cases, Chua stands disqualified as an MP because he was fined not less than RM2,000.

But Pandikar Amin said that according to paragraph 42 of the written judgment, judge Datuk Ghazali Cha had said that the fine of RM2,000 did not cause Chua to lose his seat as he considered a fine of RM2,001 and above only to trigger the clause in the constitution.

That was the judges intention. Therefore YB Batu remains a member of Parliament, the Speaker said.

Chuas status had been in doubt since the middle of last year and after his appeal failed in May, Barisan Nasional (BN) backbenchers had wanted to refer his status to the Dewan Rakyat.

But Minister in the Prime Ministers Department Datuk Seri Nazri Aziz said it would be dishonourable to disqualify Chua on the ba! sis of t he court judgment as it was against the intention of the judge.

It was eventually left to Pandikar Amin to decide Chuas fate.