Batu parliamentarian and PKR strategic director Tian Chua was today fined RM3,000 and jailed six months after being found guilty of biting a police constable and preventing the latter from discharging his duty.

The Kuala Lumpur Magistrate's Court, however, allowed a stay of execution pending Chua's appeal. If upheld, the sentence would disqualify Chua from holding the MP's post.

NONE Earlier, magistrate Mohd Faizi Che Abu found Chua "not to be a credible witness as his defence was a mere denial.

"Even the video recording submitted by the defence had strengthened the prosecution's case as it showed he had resisted arrest.

"Although the video recording did not show the biting, I believe it happened as the policeman had testified that he had punched the accused and Chua retaliated by biting," said the magistrate.

Mohd Faizi however said the policeman was not on trial but the accused was.

"I find the policeman's credibility intact as he did admit when testifying at the prosecution stage that he punched Tian Chua," he added.

Chua: Judgment unfair

Mohd Faizi said Chua had acted with disregard for the law when the police obtained a court order to disallow the illegal gathering within the Parliament compound.

He said although the arrest took place outside the parliament compound, "you cannot expect the police to adopt a wait and see attitude."

The magistrate also questioned Chua's credibility, saying the politician’s testimony should be treated with caution.

Citing an example, Mohd Faizi said Chua testified that the policeman had "waved" his authority card in asking him to step out of his car.

"However, when I viewed the video provided by the defence it was for a period of 10 seconds. So how can the accused say the police officer had only waved or flashed the authority card?" he asked.

Furthermore, the magistrate said the police had acted rightly in apprehending the politician as he had defied their order to step out of the car.

Lawyer Ranjit Singh and Amer Hamzah Arshad in mitigation asked for a one-day jail sentence and said the circumstances had changed since December 2007, as their client was now an elected MP.

"Imposing a fine in excess of RM2,000 or imposing a jail sentence of one year would result in the seat to be vacated.

"We do not think it is in the best interests of the country to hold another by-election at this point of time," they argued.

DPP Mohd Hanafiah Zakaria in applying for a deterrent sentence said the court should take into consideration the fact that between October and December 2007 there were a lot of street protests despite courts ordering not to hold them.

In passing the sentence, the magistrate said parliamentarians were not above the law and Chua's sentence should send a message to the public to respect the court and the law of the land.

"A punishment of one-day jail is insufficient," he said.

In an immediate response, Chua said he did not think it was a fair judgment as the magistrate and prosecution relied on the evidence of the police constable and based it on circumstantial evidence.

"It does not prove that the biting took place," added the Batu MP.

Chua also believes that the charge was 'designed' to disqualify him as a parliamentarian.

"I still maintain my innocence. I would continue to render my services to the people," he said, adding that the sentence would not deter his agenda for change and reform.

Arrested during Bersih gathering

Chua, 46, whose full name is Chua Tian Chang, was charged with hurting constable Rosyaidi Anuar, 21, in front of Parliament House at 10.45am on Dec 11, 2007.

revolusi kuning bersih 301007 demands Rosyaidi is attached to the Narcotics Division of the Kuala Lumpur police contingent headquarters.

On May 18, Mohd Faizi ordered Chua to enter his defence after the magistrate ruled that the prosecution had a prima facie case against the MP.

The first-time MP was charged under Section 332 of the Penal Code and could have faced a three-year jail term or a fine or both.

Should the jail term exceed a year or if the fine exceeded RM2,000, he would be disqualified from holding the Batu parliamentary seat after all appeals have been exhausted.

Chua, who is now PKR strategic affairs director, was arrested during a Bersih gathering to protest a constitutional amendment that extends the retirement age of Election Commission members from 65 to 66.