SHAH ALAM: Batu MP Tian Chua can still contest in the 14th General Election.
This is because the High Court here has lowered his fine from RM3,000 to RM2,000.
Under Article 48 of the Federal Constitution, he would have been disqualified if he was sentenced to more than 12 months’ jail or fined more than RM2,000.
The Star Online reported that Judicial Commissioner Ab Karim Ab Rahman allowed Tian Chua’s appeal, saying that the offence under Section 509 of the Penal Code did not involve bodily harm.
“It does have some element of public security but it was not premeditated. I find the RM3,000 fine imposed was excessive,” he said when dismissing the prosecution’s cross-appeal to increase the sentence here Friday (March 2).
However, Tian Chua’s appeal against the conviction itself was dismissed.
Tian Chua – whose real name is Chua Tian Chang was initially fined RM3,000 or three months’ jail in default by a Sessions Court for insulting the modesty of a policeman with vulgar words.
The DAP politician claimed trial on Aug 12, 2014 to insulting the modesty of Deputy Supt Glenn A. Sinappah at the main entrance of a hotel at 7.45pm on April 14, 2014.
The charge under Section 509 of the Penal Code carries a maximum jail term of five years, a fine or both upon conviction.