Loyal Followers

Monday, June 21, 2010

The 1 Sentence Article Series # 5: Tian Chua is Disqualified

I agree with Karpal Singh that Tian Chua is disqualified from being an MP as it is obvious that Tian Chua's fine is not less than RM2000.00 - as in fact he was fined a sum of RM2000.00 and not in any sum less than RM2000.00 - and his seat should be vacated thereby necessitating a by-election  in accordance with the law.


dheepan said...

but the judge has clearly stated that his intention of reducing the fine is clear, to avoid a by-election.

Isn't there a rule saying a judge's interpretation and decision is the final one?

art harun said...

What matters is the sentence imposed and not the Judge's intention. The Judge should have been more careful in imposing the fine if he had in fact wanted Tian Chua not to be disqualified. He should have imposed a fine of RM1999.99 sen!

I think the Judge, with respect, had misinterpreted the law!

Leithaisor said...

I have to leave mnatters of the law to the lawyers and the judge[s] to bash out [ rather than open my on-line mouth an be proven to be a fool? :) ]. To me, it was rather titillating to watch Najib and his government trying to word thweir reponses.

Seems to be quite a bit of smoke to the "Najib/UMNO/BN are trying hard to have a Batu by-election" fire.

And Bernama just reported:

...Tian Chua, remains the Member of Parliament for
Batu until the Dewan Rakyat votes on a motion to
determine his position following the High Court's
imposition of a reduced RM2,000 fine on him for
injuring a policeman, Dewan Rakyat Speaker Tan Sri
Pandikar Amin Mulia said Monday.

The motion could only be tabled after the Parti
Keadilan Rakyat (PKR) information chief had exhausted
all legal avenues, he told reporters at his office,

Only A Vote In Parliament Can Determine Tian Chua's Position As MP - Speaker

If voting on that motion comes to pass, it should prove entertaining to see how the BN MPs vote. Or perhaps many may find some urgent need to visit their constitutencies? Or MC? Or have some lawatan sambil berlajar en masse to Wagga Wagga?

KLL said...

Eh ..but this is only the High Court judgement , there are still Court of Appeal and Federal Court, so the due process of appeal is not over.

So Tian Chua can remain as MP until he exhausted all his legal recourse , right ?

C++ said...

Bhai Art,

Gua bukan loyar... jadi gua ikut apa kata bahasa... kalu bahasa kata kurang dari 2000 ... maknanyer... mesti kurang dari 2000 ... hehehe

Dear Art,

I'm not a lawyer... so I will follow the structure of a language .. so if it stated less than 2000 ... so it must be less that 2000 ... hehehe

pinsysu said...

righto ... law is very clear here & not up to TC to interpret otherwise. unless TC is UMNO guy then judge can interpret the law otherwise like they did Perak fiasco ... we hv a judge here trying to make sense but lost it by 1 sen ...

C++ said...

Dear Art,

Speaker and/or Deputy Speaker of Dewan Negara shall be subjected to "Contempt of Court" if they didn't release Tian Chua from his MP Status as stated on the High Court ruling.

I think it's better for people to challenge Speaker and/or Deputy Speaker on this "Contempt of Court" basis.

(i.e. People vs Speaker/Deputy Speaker)

clearwater said...

My maths teacher at school in the 1960's would have this to say....
' Not less than 2000 means (2000-x) where x is any positive number or even its fraction thereof '
In Tian Chua's case, x is zero, certainly not a positive number. Disqualified.

Anonymous said...

If Bernama reported Tian Chua remains the MP of Batu than UMNO certainly wants him to be one instead of a by-election. Bernama would have said ... Tian Chua loses his seat as a result of the court judgment... if UMNO wants otherwise. Notice the absence of Maslan, Mukhriz,Muhyidin, Khiary, Zahid and the likes clamoring for buy-election in the mainstream media. You can easily read between UMNO lines.

Anonymous said...

Here lies Lester More
Four slugs from point forty-four
No less
No more!


Anonymous said...

Not less than RM 2,000 means more than RM 2,000 ? No ?

Anonymous said...

I agree with Tommy Thomas. The Judiciary and the Court are impotent!

Everyone is busy watching the ball game but Parliament and the Judiciary are dysfunctional. Someone has better call a dukun. Otherwise, how can we keep our heads up high?


uppercaise said...

Plain facts about Tian Chua's seat, based on what the Federal Constitution says:

俊賢 said...
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政琦 said...
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donplaypuks® said...


Sorry to digress.

I think as many as possible should act to stop a miscarriage of justice from taking place in the Rosli Dahlan case as reported by Din Merican here.

It appears the crooks have manipulated a change of judge in the midst of the trial with ominous implications for Rosli.

Trust you can highlight it as a separate blog to get max publicity!.

Thank you.

we are all of 1 race, the Human Race