Friday 29 Mar 2024
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(Nov 3): Seri Setia assemblyman Nik Nazmi Nik Ahmad will stand trial for the third time under the Peaceful Assembly Act (PAA) for failing to provide notice for the Black 505 rally in 2013.

Sessions Court judge Abu Bakar Manat today dismissed Nik Nazmi's preliminary objection and instead ordered the case to be transferred to the High Court following an application by the prosecution.

Lawyer Syahredzan Johan said he was disappointed with today's proceedings because the prosecution did not inform him that the trial would be in the High Court.

"I do not know what is their motive to transfer the case and probably this is the first time a charge of this nature will be tried before a High Court judge," he told The Malaysian Insider.

Those found guilty of the offence can be fined up to RM10,000. An elected representative will have to vacate his seat if fined RM2,000 or more.

Syahredzan had earlier submitted that Article 7(2) of the Federal Constitution did not allow a person to be tried again for the same offence if they have already been acquitted or convicted.

However, Abu Bakar concurred with the prosecution’s submission on the definition of the word “tried” in the article and that the accused had not gone through a trial in the previous two cases.

Last month the Court of Appeal fined Johor PKR secretary R. Yuneswaran RM6,000 for organising a similar rally in Johor Baru in 2012.

Judge Tan Sri Raus Sharif in allowing the government' s appeal against the acquittal by a High Court said Section 9(5) of the PAA, which provides for a fine, did not run foul of Article 10 of the Federal Constitution.

"Section 9(5) is valid and enforceable," Raus said of the unanimous judgment.

He said as such the bench had to depart from a previous Court of Appeal ruling that Section 9(5) was unconstitutional.

On April 25, 2014, Court of Appeal, which acquitted Nik Nazmi, ruled that Section 9(5) of the PAA, which criminalises anyone for organising a peaceful rally without giving 10 days notice to the authorities, is unconstitutional. – The Malaysian Insider

 

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