SHAH ALAM: The High Court here today rejected an appeal by Batu Member of Parliament Tian Chua’s who was convicted for the charge of outraging the modesty of a police officer by using foul language, four years ago.
Judicial Commissioner Datuk Ab Karim Ab Rahman however reduced the fine to RM2,000 after rejecting two cross appeals by the defence on behalf of the 55-year-old Tian Chua, whose real name is Chua Tian Chang.
On March 9, last year the Petaling Jaya Sessions court fined the PKR Vice-President RM3,000 after he was found guilty of the charge.
Judge Yasmin Abdul Razak made the decision after finding that the prosecution proved beyond reasonable doubt that the defendant was guilty.
He had reportedly outraged the modesty of Deputy Superintendent Glenn A. Sinappah who was working at the Petaling Jaya Police Station by saying “stupid police” and other foul words outside the lobby of Armada hotel here around 7.45 on April 14, 2014.
He was charged under Section 509 of the Penal Code that carries a maximum jail term of five years and a fine or both.
Ab Karim said that the judge decided to uphold the sentence after reviewing the statements of the prosecution and defence.
“But the mistake of the appellant (Tian Chua) is clearly derogatory even though it is not an offence that involves the body, properties or public safety.”
“Even though the offence causes a disturbance of peace, it does not create chaos. It was not planned but happened suddenly due to disappointment which cause the appellant to utter those words,” he said while ordering a two-month jail term for Tian Chua if he failed to settle the fine.
His lawyer Eric Paulsen had asked for the court to consider a lighter sentence as his client was a two term parliamentarian and was also a social activist who fought for labour rights.
On Feb 5 his lawyer N. Surendran in his argument said that the conviction via Section 509 had no relation to the issue of outraging the modesty of the complainant.
He said Tian Chua resorted to the action because his mobile phone was confiscated and the words used was not intended to have any sexual connotations.
Surendran also disputed the CCTV recordings that were not presented in court earlier.
In the proceedings Deputy Public Prosecutor Raya Nurulhuda Noraini Mohd Nor however said that Tian Chua’s actions affected the complainant and challenged the ability of the law enforcers to do their job.
Apart from that, she said that the statements of the two witnesses were corroborative. Tian Chua when met said that he was relieved that he could now focus on GE14.
“The RM2,000 fine shows that I am still qualified to be a MP and an election candidate,”he added.
Also present was PKR President Datuk Seri Dr Wan Azizah Wan Ismail and Bersih 5.0 chair Maria Chin Abdullah.