SHAH ALAM: The High Court here has reduced the fine imposed on Batu MP Tian Chua (pic), who is convicted of insulting a police officer, clearing the way for him to contest in the next general election.
Judicial Commissioner Ab Karim Ab Rahman allowed the appeal filed by Tian Chua against his sentence, saying that the offence did not involve bodily harm.
“It does have some element of public security but it was not premeditated. You were frustrated when your phone was seized and with that frustration, you uttered those words. The words, albeit offensive, were directed only at the policeman.
“I find the RM3,000 fine imposed to be excessive and hereby reduce it to RM2,000 in default two months’ jail,” he said here yesterday.
Under Article 48 of the Federal Constitution, an elected representative is disqualified if he is sentenced to more than 12 months’ jail or fined more than RM2,000.
The court, however, dismissed Tian Chua’s appeal against the conviction on grounds that the Sessions Court did not err on its ruling and the conviction was safe.
“Your frustration and anger does not justify your defence that there was no intention to insult the policeman,” the judge said.
It also dismissed the prosecution’s cross-appeal to increase the sentence.
Tian Chua – whose real name is Chua Tian Chang – was originally fined RM3,000 in default three months’ jail by a Petaling Jaya Sessions Court for insulting the modesty of a policeman with vulgar words.
On Aug 12, 2014, he claimed trial 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.