Tian Chua fails in attempt to strike out sedition charge

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KUALA LUMPUR: Parti Keadilan Rakyat (PRK) vice-president Tian Chua has failed in his attempt to strike out a sedition charge against him over his statement on the Lahad Datu intrusion.

In dismissing Tian Chua’s application, High Court judge Datuk Amelia Tee Hong Geok Abdullah ruled that there were no merits in the application.

She said the court was not satisfied that there was sufficient basis based merely on the averments as contained in the applicant’s affidavit for the court to grant the application.

Justice Amelia said after carefully perusing Tian Chua’s statement in Keadilan Daily which published the alleged seditious words, the court was of the view that the charge, as it stood, was not wrong.

“It’s for the prosecution to prove that the words ‘kerajaan Umno’ refers to, or can be inferred to refer to, the government or the government of the day. And this is clearly a matter to be decided by the trial court,” the judge said.

The judge also held that Tian Chua’s contention that the charge against him was contrary to public interest on grounds that he would have relied on the undertaking of the prime minister to repeal the Sedition Act 1948, was without merit.

Justice Amelia said the court agreed with the prosecution’s submission that the Sedition Act was still in force and that any contravention of the Act had to be dealt with according to the law.

“While it’s true that the prime minister had made certain pronouncements about an intention to repeal the Sedition Act, however, until such time the said Act is truly and properly repealed, it remains, as it is today, a valid Act of Parliament where a contravention of its provisions would constitute a chargeable offence.”

She said the applicant (Tian Chua) still had the option of making a representation to the public prosecutor if the former was convinced that the charge against him should not proceed.

“If such representation should fail, the applicant must allow the case to take its course without any further impediment so that a fair and just result can be obtained,” she said.

Tian Chua’s lawyer, Latheefa Koya, told reporters that the defence would file an appeal in the Court of Appeal against the decision.

Tian Chua, whose real name is Chua Tian Chang, 50, filed the application on April 12 this year.

On March 14, he pleaded not guilty in the Sessions Court to making statements that the intrusion in Lahad Datu was a planned conspiracy by Umno to divert attention and to frighten the people.

The Sessions Court has set Oct 16 and 17 for trial.

Tian Chua, who is Batu member of parliament, is charged with committing the offence at Fraser Business Park, here, at about 11am on March 1.

The charge, under Section 4(1)(b) of the Sedition Act 1948 (Act 15) and punishable under Section 4(1) of the same Act, carries a fine of RM5,000 or three years’ jail or both for a first-time offence and five years’ jail for a subsequent offence.

Deputy public prosecutor Mohd Farizul Hassan Bakri prosecuted. — Bernama