Deputy Parliament Speaker Wan Junaidi Tuanku Jaafar said today that Batu MP Tian Chua can opt to undergo two months’ imprisonment if he does not want to risk losing his parliamentary seat.

parliament opposition mps dispute najib budget 051108 wan junaidi Met by reporters outside the Dewan Rakyat, Wan Junaidi (left) said that since the PKR leader was sentenced to two months’ jail or RM2,000 fine, choosing the former could avoid the vexatious question of whether the fine means Chua's disqualification as MP.

Chua, who was elected Batu MP in the March 8, 2008 polls, was charged under Section 332 of the Penal Code, with intentionally causing injury to a police constable on duty in 2007.

Last October, the Kuala Lumpur Magistrate's Court sentenced Chua to six months in jail and fined him RM3,000.

On appeal, the High Court upheld the conviction but reduced his fine to RM2,000 or two months' jail in default. 

It has become a matter of debate as to whether the Batu parliamentary seat should be declared vacant, since its representative has been convicted by a court of law and fined RM2,000.

save tian chua dinner 200610 tian chua “If Tian Chua ( left ) were to choose the (two) months' prison term, this issue would not arise,” said Junaidi.

He also said the office of speaker Pandikar Amin Mulia is waiting for the official sealed judgment from Kuala Lumpur High Court judge Justice Ghazali Cha.

The speaker will study Ghazali's decision before deciding whether or not to bring up Chua’s case before the House for deliberation.

Citing the case of DAP's Fan Yew Teng who was disqualified in 1975 as Menglembu MP after being referred by the government to the committee of privileges over a sedition conviction, Junaidi noted that “the speaker does not have the power to vacate the seat”.

“It was the House that removed (him), not the speaker,” he said.

anwar qazaf case at syariah court 070110 zulkifli nordin Meanwhile, Independent Kulim-Bandar Baru MP Zulkifli Noordin ( right ) told reporters that he believes the Dewan does not have the authority to decide on whether or not a parliament seat is vacant.

"The EC (Election Commission) has jurisdiction, only they can decide," said the lawyer.

The former PKR parliamentarian said further that the only time the Dewan can intervene is when a member of the House has lost his or her citizenship, is inflicted with a prolonged illness or other conditions as stipulated in Article 53 of the Federal Constitution.

Nowhere are there provisions for the Dewan to intervene in a criminal conviction, he added.

NONE Earlier today, justice Ghazali ( left ) reiterated his decision to impose the reduced fine of RM2,000 on Chua, saying he would not review the decision.

Following a meeting with Ghazali in his chambers, Chua's lawyer Ranjit Singh said the judge had maintained his intention was clear - that he does not want a by-election to be called for the Batu parliamentary seat in Kuala Lumpur.

Other than Ranjit, Chua was represented by lawyers Amer Hamzah Arshad and Razlan Hadri Zulkifli.

The prosecutors were led by deputy public prosecutors Mohd Hanafiah Zakaria and Lee Keng Fatt.