PKR elected representative Tian Chua will stay on as Member of Parliament for Batu, Speaker Pandikar Amin Mulia said today.

“On the principle of separation of powers,” he said, “the House has to hold on and rely on the decision made by the judiciary, which is the branch that interprets the law.”

parliament pandikar amin anwar ibrahim lim kit siang dap pkr pc 121108 07 Pandikar upheld the decision by the High Court in Kuala Lumpur , which let off Tian Chua with a fine of RM2,000 on June 17, 2010.

The High Court on that day dismissed his appeal against conviction by a magistrate’s court for obstructing constable Rosyaidi Anuar, 21, in his duties in front of the Parliament complex on Dec 11, 2007.

However, presiding judge Justice Ghazali Cha reduced the fine of RM3,000 fine and six months' jail imposed on Tian Chua by the magistrate in October last year to a fine of RM2,000 or two months' jail.

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

In reducing Tian Chua's fine to RM2,000, the judge said he adopted the 1993 Supreme Court decision in Public Prosecutor vs Leong Yin Ming that only a fine of RM2,001 or more would result in automatic disqualification.

Pandikar announced in the Dewan Rakyat: “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, the Legislature and the Judiciary.

“Therefore, holding on to this principle, the House upholds the interpretation of the judge. That was the judge’s intention. Therefore YB Batu remains a Member of Parliament.”

NONE Pandikar’s decision came after Ibrahim Ali (Ind-Pasir Mas) filed a motion on June 16, questioning Tian Chua’s position in the House.

Ibrahim asked  for clarification of Tian Chua's status as an MP after the Court of Appeal upheld his conviction.

Ibrahim also insisted that Tian Chua should be dropped as an MP as the federal constitution clearly states that an MP can be disqualified if fined no less than RM2,000 by a court.

At a press conference in the lobby of Parliament, Tian Chua said: “I am thankful to the Speaker for ensuring that the principle of separation of powers is respected.

“The speaker said that the decision of the court was clear and made with concrete arguments.

“I am glad that the issue is over and hope that no one will bring up my status as MP again. I shall continue my duties in Parliament and serve till the end of my term."

He added to Malaysiakini , “I am happy and relieved that the issue is over and because life can go on.”