‘They could have fixed another date to charge Chong’

December 16, 2015

SIBU: The prosecution, police and judiciary could have fixed another date to charge an assemblyman instead of when the State Legislative Assembly (DUN) sitting is in session.

Asajaya assemblyman Datuk Abdul Karim Rahman Hamzah however said this was his personal view.

He was making reference to the media report saying Kota Sentosa assemblyman Chong Chieng Jen who is also Bandar Kuching MP and Stampin MP Julian Tan Kok Ping being charged on Monday with participating in the recent Bersih 4 street demonstration.

Abdul Karim, who is Assistant Minister of Social Development, said discretion should be used by the police and judiciary in situation like this.

“Due respect must be given to this assemblyman who is democratically elected by the people to represent them in the state assembly.

“By charging him when the assembly is in session has deprived him of his role as an assemblyman.

“We must understand that the three organs of government, the executives, the legislative and the judiciary must respect and not encroach into each other.

“Any of these organs must not deprive members of the other two organs from attending to their respective roles.

“Even though the assemblyman comes from the opposite side of the bench, I still think that in situation like this, we have to look at it from another angle,” he added.

Abdul Karim said it was not about politics but more to ensure that courtesy and respect were accorded to members of the house to discharge their duties when it was in session.

“I am not disputing the right of the prosecution and police to charge anyone whom they feel has committed an offence, but my reservation is on the ‘timing’ of charging the assemblyman in court when the session in still on.”

According to the media report, both Chong and Tan pleaded not guilty before Sessions Court Judge Amelati Parnell who released them on RM5,000 court bail in one local surety who must have permanent address here. He fixed the pre-trial case management on Jan 14 and trial hearing on March 3 and 4 next year.

Chong, 44, and Tan, 37, are alleged to have taken part in the demonstration between 2pm and 3pm on Aug 29, starting from a hotel at Jalan Borneo, going through Jalan Tunku Abdul Rahman, Jalan Tabuan and Jalan Ban Hock Road with a few other persons still at large.

The charge is framed under Section 4(2)(c) of the Peaceful Assembly Act 2012 and punishable under Section 493) of the same act which provides for a fine not exceeding RM10,000 on conviction.