'Biting' charge: Tian Chua ordered to enter defence
Hafiz YatimPublished: May 18, 2009 2:23 AM | Updated: May 18, 2009 12:10 PM
The Kuala Lumpur Magistrate's Court has ordered Batu MP Tian Chua to enter his defence to a charge of biting a police constable and preventing him from carrying out his duties.
The Kuala Lumpur Magistrate's Court has ordered Batu MP Tian Chua to enter his defence to a charge of biting a police constable and preventing him from carrying out his duties.
Magistrate Mohd Faizi Che Abu ruled this morning that a prima facie case has been established against Chua
Chua (right), 46, whose full name is Chua Tian Chang, is charged with hurting Constable Rosyaidi Anuar, 21, in front of Parliament House at 10.45am on Dec 11, 2007.
Rosyaidi is attached to the Narcotics Division of the Kuala Lumpur police contingent headquarters.
In his finding, Mohd Faizi said Rosyaidi’s evidence was central to the charge and that his credibility is not in question.
“He has no reason to punish the accused, other than to get away from being bitten,” he said.
Mohd Faizi said the constable had reported the matter to his superior, who had also testified during the trial.
Furthermore, the evidence given by Dr Norzilawati Ahmad, who had examined Rosyaidi, confirmed that the injury to the constable was consistent with bite marks.
“Looking at the evidence, the court is satisfied that there is a prima facie case which, if not rebutted [...] would result in the court finding him guilty,” he said.
Chua is entitled to defend himself in one of three ways - by taking the stand, choosing to give testimony from the dock, or keeping silent.
He is represented by Ranjit Singh, Razlan Hadri Zulkifli and Jason Tay, while DPP Hanafiah Zakaria and Ishak Mohd Yusoff are on the prosecution team.
Ranjit told Mohd Faizi that Chua would testify from the witness stand and that the defence will call two witnesses when the trial resumes from July 20-22.
‘Defence has strong case’
Outside the court, Ranjit said the defence has a strong case as no one had actually seen his client biting the constable, as alleged.
“We truly feel that (Chua’s) defence should not be called in the first place. The (alleged) incident happened outside Parliament (House, where police were stationed to prevent protesters from entering the building to hand over a memorandum to parliamentarians).
“How can an arrest take place before a crime is committed? Furthermore, my client did not have any memorandum on him when arrested.”
Chua, who is now the PKR strategic affairs director, was arrested during a Bersih gathering to protest a constitutional amendment to extend the retirement age of Election Commission members from 65 to 66.
He was charged under Section 332 of the Penal Code for causing hurt to deter a public officer from performing his duty. If found guilty, he is liable to three years' jail or a fine or both.
Should the jail term exceed a year or if the fine exceeds RM2,000, he will be disqualified from holding the Batu parliamentary seat.
Magistrate Mohd Faizi Che Abu ruled this morning that a prima facie case has been established against Chua
Chua (right), 46, whose full name is Chua Tian Chang, is charged with hurting Constable Rosyaidi Anuar, 21, in front of Parliament House at 10.45am on Dec 11, 2007.Rosyaidi is attached to the Narcotics Division of the Kuala Lumpur police contingent headquarters.
In his finding, Mohd Faizi said Rosyaidi’s evidence was central to the charge and that his credibility is not in question.
“He has no reason to punish the accused, other than to get away from being bitten,” he said.
Mohd Faizi said the constable had reported the matter to his superior, who had also testified during the trial.
Furthermore, the evidence given by Dr Norzilawati Ahmad, who had examined Rosyaidi, confirmed that the injury to the constable was consistent with bite marks.“Looking at the evidence, the court is satisfied that there is a prima facie case which, if not rebutted [...] would result in the court finding him guilty,” he said.
Chua is entitled to defend himself in one of three ways - by taking the stand, choosing to give testimony from the dock, or keeping silent.
He is represented by Ranjit Singh, Razlan Hadri Zulkifli and Jason Tay, while DPP Hanafiah Zakaria and Ishak Mohd Yusoff are on the prosecution team.
Ranjit told Mohd Faizi that Chua would testify from the witness stand and that the defence will call two witnesses when the trial resumes from July 20-22.
‘Defence has strong case’
Outside the court, Ranjit said the defence has a strong case as no one had actually seen his client biting the constable, as alleged.
“We truly feel that (Chua’s) defence should not be called in the first place. The (alleged) incident happened outside Parliament (House, where police were stationed to prevent protesters from entering the building to hand over a memorandum to parliamentarians).
“How can an arrest take place before a crime is committed? Furthermore, my client did not have any memorandum on him when arrested.”
Chua, who is now the PKR strategic affairs director, was arrested during a Bersih gathering to protest a constitutional amendment to extend the retirement age of Election Commission members from 65 to 66.
He was charged under Section 332 of the Penal Code for causing hurt to deter a public officer from performing his duty. If found guilty, he is liable to three years' jail or a fine or both.
Should the jail term exceed a year or if the fine exceeds RM2,000, he will be disqualified from holding the Batu parliamentary seat.
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