Batu MP Tian Chua will seek leave to appeal his conviction on a charge of biting a police constable who was on duty.

His lawyer Ranjit Singh said that the application will be filed early next week in the Court of Appeal.

NONE Chua was initially sentenced to six months in jail and a fine of RM3,000.

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

"I'm appealing against the conviction as I am innocent. The judge had failed to examine the evidence that we presented (video footage). The (Kuala Lumpur) High Court judge said there was no need to look at the video. This was unfair to me," he told journalists in the Parliament lobby.

"I'm innocent. I'm appealing to prove my innocence, not because I have doubts on whether I'm still a MP. I've no issues about the RM2,000 fine and I am not seeking a declaration on that. I have no intention to question the amount and accept the judge's interpretation."

Chua said that Ranjit will draft the appeal and he will look through it this weekend so that it is ready for submission by next week.

There has been a dispute over whether the fine would disqualify Chua from remaining a MP.

azlan Article 48 of the federal constitution stipulates that a member of parliament is disqualified if sentenced by any court to a fine "not less than RM2,000".

As the matter was originally heard and decided at the Magistrate's Court, an appeal to the Court of Appeal is not automatic.

"Leave from the Court of Appeal is necessary and is confined to questions of law that arose in the course of appeal at the High Court," Ranjit said in a press statement issued earlier today.

"Although the issue of sentence has been the subject matter of public debate (concerning the effect on Chua's position), the application for leave to appeal will be directed substantially against the High Court decision which upheld the conviction.

A stay on potential disqualification

The lawyer added that by virtue of Article 48(4) of the federal constitution, the filing of the leave application would, in effect, act as a stay against Chua's potential disqualification until the matter is disposed of by the court.

"We must stress however, it is our client's position that the RM2,000 fine does not disqualify him from being Batu MP," Ranjit added.

 

Yesterday, former Bar Council chairperson Ambiga Sreevevasan, constitutional law expert Tommy Thomas and former High Court judge Syed Ahmad Idid Syed Ahmad had suggested that an appeal be filed to settle the issue once and for all.

 

This followed the High Court's refusal to review its judgment yesterday.

Last October, the KL Magistrate's Court found Chua guilty of biting the arm of a police constable while being arrested at a protest three years ago near the Parliament building ( top photo ).

The PKR politician, who was elected Batu MP in 2008, was charged under Section 332 of the Penal Code, with intentionally causing injury to a police constable on duty.

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