Friday, May 04, 2018

Tian Chua - Will Judge ensure justice done or allow technicalities to get in the way?

Tian Chua nomination was allegedly wrongfully rejected by the SPR officer in, he is not even a candidate listed on the ballot paper...

Image result for tian chua

So, rightly, he should have the right to immediately go to court and get an interim injunction ...that will stop the election in Batu Parliamentary Constituency from proceeding further...

If it proceeds further, a lot of money, time and energy will be utilized by other candidates...and also the Election Commission.

In my opinion, when the case filed on Monday - the Judge should have immediately heard the case...and issued an ex-parte(only after hearing the claimant) interlocutory injunction which will have the effect of stopping the Batu Parliamentary elections then and there...

But, alas, the court adjourned the case to Thursday...and then after hearing the objection from the government lawyer...adjourned it to Friday(4/5/2018) for a decision... 

So, what is most likely the objection of the Federal Counsel representing the EC Officer and the Election Commission seem to be this cased should have been filed as an Election Petition...which will be heard by the Election Court...

Attorney-General's Chambers' lawyer SFC Amarjeet Singh submitted that Chua has no jurisdiction to come to court as the case comes under electoral matters.Amarjeet added that the case has to be heard in an election court.
Problem with Election Petitions, is that it can only be filed after the election results have been gazetted...That is too late, and there will be grave injustice to Tian Chua, and also all other candidates...and also the Election Commission...and the people of Batu and Malaysia..

Every election petition shall be presented within twenty-one days of the date of publication of the result of the election in the Gazette...  (Section 38, Election Offences Act 1954)
Now, in this GE, every Parliamentary seat matters - It could be just ONE(1) seat that determines who will form the next government....

Further, Election Petitions take too long to be over....and in the meantime, the people of Batu is denied their legitimate representative...Tian Chua, if he wins, which is most likely than not, will also be extremely prejudiced by not being able to be the MP of Batu until all is settled..

In this case, even when Tian Chua is successful - there will be a by-elections...

Many of the existing laws in Malaysia are flawed and really need to be repealed or amended..

But, the courts now have the power to proceed and ensure that justice be done ...and decide on the matter...and. I believe, also has the inherent powers, to stop this Batu Parliamentary elections from proceeding any further...NOW.

For this we will need a brave and independent judge ...we shall see what happens...

The matter has come before the court - and it should be decided on the merits - not some technical or procedural objections...

Further, what was filed, I believe, may not be an Election Petition - but rather a Judicial Review application, so the courts can decide on the question before it...In short, whether EC made a mistake? Whether being fined RM2,000 will disqualify a person contesting in GE? 

Reasonably and justly, in the interest of justice, it is best that the court also orders that the Batu Parliamentary elections not proceed further, and order the EC to set a new date for the Batu Parliamentary elections? To add Tian Chua as a valid candidate now may be difficult as ballot papers may have already been printed ...and noting postal ballots would have already been sent out - also early voting is on 5/5/2018... 

See earlier post

Court Injunction NOW to stop voting in BATU - Only way for justice to be done?




GE14: High Court sets May 4 for decision on Tian Chua's disqualification suit 

KUALA LUMPUR: The High Court has set Friday (May 4) to hand down its decision on PKR vice-president Tian Chua's bid to reverse the Election Commission's (EC) decision to disqualify him from contesting the Batu parliamentary seat.

High Court (Appellate and Special Powers) judge Justice Nordin Hassan fixed the date after hearing submissions from the parties named here on Thursday (May 3).

On Monday (April 30), Tian Chua, whose real name is Chua Tian Chang, filed a suit to reverse the rejection of his nomination to contest for the Batu parliamentary constituency.

The suit, filed at the High Court Wednesday morning, named election returning officer Anwar Md Zain and the Election Commission (EC) as respondents.

Anwar had rejected Chua's nomination last Saturday (April 28), stating that election rules disqualified him on account of a previous RM2,000 fine imposed by the courts.

Chua, who has held the Batu parliamentary seat since 2008, sought a declaration that he is qualified to run for the seat in GE14 under Article 48(1)(e) of the Federal Constitution.

He also sought a declaration that he is entitled to contest and be nominated for the seat.

In a supplementary affidavit filed, Chua said he had no issue with an RM2,000 fine in GE13, nor had it impeded him from acting as an MP over the previous term.

Justice Nordin will decide on Friday whether to accept preliminary objections raised by the Attorney-General's Chambers.

During proceedings, the Attorney-General's Chambers' lawyer SFC Amarjeet Singh submitted that Chua has no jurisdiction to come to court as the case comes under electoral matters.

Amarjeet added that the case has to be heard in an election court.

On April 28, Chua's nomination was rejected by Anwar, who said he was advised by the EC to disqualify the nomination due to the RM2,000 fine imposed in a 2017 court case.

The sentence was in relation to his conviction over insulting the modesty of a police officer by using foul language four years ago.

The decision to disqualify Chua was made according to Section 7(1)(c) of the Elections (Conduct of Elections) Regulations 1981, read together with Article 48(1)(e).

Anwar read the law which stated "not less than RM2,000" to mean Chua would only be qualified to contest should the fine be RM1,999.99 or less.

In contrast the Shah Alam High Court which allowed Chua's appeal to reduce the fine from RM3,000 to RM2,000, explicitly spelled out that the MP would only be disqualified if "the fine was RM2,001 and above, and not from RM2,000".

Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia had in 2011 also ruled that Chua would remain as Batu MP and that the RM2,000 fine would not automatically remove him from his role. - Star, 3/5/2018


1 comment:

Hakimi Abdul Jabar said...

I've already written an Asia Times article on this grave matter. The Kleptocracy Operating System (KAOS) not only steals your monies, KAOS steals your votes too!
Put An End to KAOS !

Come 9.5.2018, I'm only voting for the Pakatan Harapan candidates & urge my Malaysian readers, fan & clientele, friends & family to do the same!