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Friday, January 4, 2013

Anwar fails to strike out illegal assembly charge


KUALA LUMPUR, Jan 4 — Datuk Seri Anwar Ibrahim failed to escape trial for taking part in an illegal rally after the Sessions Court ruled it has no power to cancel a magistrate’s order barring the opposition leader from attending the April 28 Bersih demonstration in the city last year.
“The Subordinate Court Act is clear that it does not give power to the court to review the lower court’s decision.
“So, based on the applicant’s application, the court does not have the power to review the magistrate’s order or declare it null and void,” Justice Mahamud Abdullah said.
The PKR leader had on May 28 sought to set aside the order issued by Magistrate Zaki Asyraf Zubir, which barred him from attending or participating in any rally at Dataran Merdeka here, between April 28 and May 1, 2012.
The prosecution, however, in a November 7 preliminary objection against Anwar’s application, argued that the Sessions Court has no jurisdiction to set aside or annul an order issued by the magistrate’s court.
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