Kinabatangan MP Bung Moktar Radin has succeeded in his appeal to set aside his jail sentence for committing polygamy without the Syariah Court’s consent.

Instead, the Shah Alam Syariah High Court converted the sentence to a fine of RM1,000.

Judge Mukhyiddin Ibrahim, said the offence warrants a maximum fine and not imprisonment.

Bung Moktar and his second wife, actress Zizie Izette Abdul Samad, were in tears as the decision was announced.

NONE In an immediate reaction, Bung Moktar, who was wearing a white long-sleeved shirt, black blazer and songkok , said he is thankful for the decision and that he considers it a blessing as this comes on the first day of Ramadan.

"The experience has taught me well. I will continue to serve the constituents," he said.

"I would also like to thank the media who have been with me covering my case."

Zizie Izette, who was wearing a pink baju kurung and matching selendang , said she too is thankful that the ordeal has ended.

Justice Mukhyiddin, in setting aside the jail sentence, said the court accepted five of 13 submissions by Bung Moktar's counsel Amli Embong.

This included the submission that the lower court had erred in imposing a custodial sentence because Bung Moktar was a first offender.

"The court must find a balance between whether the jail sentence could cause more harm to someone, as he would (be separated) from his wives and children as a result of having to serve the sentence.

"The court notes that this is not a Syariah criminal offence, and that this is only a procedural and matrimonial offence. However, this ruling will not stop other courts from imposing a jail sentence for similar offences."

Bung a federal lawmaker

Mukyiddin also noted that, despite being a federal lawmaker, Bung Moktar did not play a role in formulating the Selangor's Syariah law.

"Hence, the argument that the lower court should use this case as an example to punish a lawmaker - so that it serves as a lesson to others - cannot be accepted as he was not involved in formulating the Syariah Offences Enactment," he said.

"The court feels that a one-month jail sentence would be warranted for a much more serious offence, rather than something like this. This marriage is legal as it has fulfilled the provisions."

NONE In May, the Gombak Timur Lower Syariah Court in Selangor had sentenced Bung Moktar, 51, to a month's jail and a fine of RM1,000.

He had pleaded guilty to marying Zizie Izette at No 12, Jalan TC 2B/C Cemerlang Heights, Taman Melati, Gombak, on Dec 16 last year without the court's consent.

He had also pleaded guilty to a charge of abetting with Zizie in the marriage without the consent of the Registrar of Marriage, Divorce and Reconciliation at the same place and time. He was fined RM1,000 for this.

The marriage was later declared to be valid .

Poser over disqualification

Now that he has been fined a total of RM2,000 for the two offences, questions have been raised as to whether Bung Moktar should be disqualified as a MP.

His lawyer Amil pointed out that these were two distinct offences and not one. Furthermore, the fine is not cumulative.

As such, he said Bung Moktar should not lose his seat.

Under Article 48 of the federal constitution, an elected representative is liable to lose his seat if he is sentenced to a jail term of not less than one year or a fine of not less than RM2,000.

The issue of jurisdict NONE ion does not arise as both the civil and Syariah court have the same powers.

Batu MP Chua Tian Chang, better known as Tian Chua ( left ), was fined RM2,000 by the Kuala Lumpur High Court for biting a police constable in the arm three years ago.

Justice Ghazali Cha then said he had adopted the decision in Public Prosecutor vs Leong Yin Ming that only a fine of RM2,001 or more would result in automatic disqualification.

Chua has filed for leave to appeal the conviction.