The Kuala Lumpur High Court today dismissed the appeal against the conviction of Batu MP Tian Chua for biting a police personnel three years ago.

NONE However, Justice Ghazali Cha reduced his RM3,000 fine and six months jail term imposed by the magistrate’s court in October last year to a RM2,000 fine or two months jail.

Ghazali said that the fine was reduced to RM2,000 to avoid a by-election for the Batu Parliamentary seat.

Article 48 of the Federal Constitution stipulates that a member of the Dewan Rakyat can be disqualified if fined an amount “not less than RM2,000" by any Malaysian court.

Chua, who is also PKR strategic director, was convicted of obstructing constable Rosyaidi Anuar, 21, in front of the Parliament complex on Dec 11, 2007.

Ghazali said the court would not dispute the magistrate’s court’s conviction as the magistrate has made a finding of fact.

NONE “However, I note that although the sentencing is up to the magistrate, it is a first offence.

“Having him disqualified would result in a by-election to be called and this would involve a lot of funds. A by-election will also affect a lot of people.”

In advising Chua, Justice Ghazali said an elected representative should also show a good example to society as he is chosen by the rakyat.

“I would say the magistrate had went overboard in deriving to making speculations in arriving at the conviction.

azlan “But I would not disturb the conviction because of the finding of fact,” he said.

Throughout submissions made by Chua’s lawyers, they had maintained that the magistrate had erred in arriving at the conviction as video evidence did not show that the politician bit the policeman on his arm. Despite this, the magistrate arrived at the decision to convict Chua.

The lawyers also questioned the credibility of Rosyaidi in giving conflicting testimony and also in his police report.

The magistrate who passed the conviction on Chua had since been promoted as special officer to a Federal Court judge.

‘Pleasantly surprised’

Chua, who just returned from Paris this morning, was present when the judgment was read out in court. He was accompanied by 20 supporters, including Segambut MP Lim Lip Eng.

NONE Lim, who is a DAP elected representative, said he was there to give moral support to Chua as he stays within the Batu constituency.

The Batu MP was represented by lawyers Ranjit Singh, Amer Hamzah Arshad and Razlan Hadri Zulkifli.

Approached by reporters later, Chua said that he was relieved.

“I am pleasantly surprised... I was expecting the worst. Now I can go on with my struggle for justice and reforms,” he said, before proceeding to the registrar's office to pay the fine.

After paying the fine and being greeted with more supporters including Kapar MP S Manikavasagam and Kelana Jaya MP Loh Gwo Burne, Chua said he maintained that he was innocent of any wrongdoing.

'I am innocent'

“I have always maintained my innocence despite the conviction as the arrest took place outside the Parliament compound,” he said.

“Despite this, I am pleased the judge took into account the welfare of the electorate and it would be a waste of public funds if the MP was disqualified and a by-election is called.”

His lawyers had questioned whether the bite did indeed take place as Chua was about a metre away from the alleged victim.

“Chua would have had to be a giraffe to have bitten the alleged victim. Hence, there are questions whether the biting incident as alleged did take place,” Ranjit had submitted in court.

Asked to comment on the possibility of Justice Ghazali not wanting to allow the appeal as the magistrate who heard his case had been promoted as a special officer to a Federal Court judge, Chua said he would not make such claims or arrive at such a conclusion.

“However, I still feel, like my colleagues in PKR, there is a necessity to have a reformed judiciary and to provide transparency and openness in the selection of judges,” he said.

He pledged to continue serving his constituency. Asked whether he would appeal today's decision, Chua said he would consult his lawyers’ advice on whether to move to set aside the conviction.

He has another chance to appeal at the Court of Appeal.

DPP Ishak, when contacted, said he would seek further instruction from the Attorney-General’s Chambers on whether to file an appeal following today’s decision.