Anwar and Azmin discharged from Bersih case

PETALING JAYA: The Kuala Lumpur Sessions Court today ordered a discharge not amounting to an acquittal for Opposition Leader Anwar Ibrahim, PKR deputy president Azmin Ali, and four others involved in the April 28 2012 Bersih 3.0 rally.

Judge Ahmad Bache described the charges as “groundless” following the Court of Appeal’s ruling last week that the Magistrate’s Court order banning the rally in Dataran Merdeka was invalid.

“After considering the arguments by both parties and perusing several authorities, I therefore find that the charges as they stand now, as defective following the decision of the Court of Appeal declaring the said order invalid. Hence it follows that the charges are groundless.”

“As the charges are groundless I have no choice but to order a discharge not amounting to an acquittal,” the judge said when delivering his decision today.

Anwar, Azmin and Rembau PKR division chief Badrul Hisham Shaharin, better known as Chegubard, had been charged two years ago with breaching the Peaceful Assembly Act 2012 and taking part in a “street protest”.

The first charge, which was framed for each person individually, said that the three had gone against a court order issued by the magistrate’s court which prohibited the assembly at Dataran Merdeka between April 28 and May 1 2012.

But last week, the Court of Appeal set aside Magistrate Zaki Asyraf Zubir’s order, thus putting into question the validity of the charges against those allegedly involved in the Bersih rally.

“The court had perused all the charges preferred against all the accussed meticulously. This court is satisfied that the order issued by the magistrate under Section 98 of the Criminal Precude Code, which has been declared invalid by the Court of Appeal forms an integral part of all the charges,” said Judge Ahmad.

Ahmad explained that he had considered whether granting the order for a discharge not amounting to an acquittal would prejudice any parties.

“I find that if discharge not amounting to aquittal is not granted, the accused will be more prejudiced than the prosecution, as the charges will be hanging over their heads whilst the prosecution has the advantage of having the liberty to recharge them later,” he said.

Lead prosecutor Deputy Public Prosecutor Wan Shaharuddin Wan Ladin reportedly said the Attorney-General’s Chambers would consider filing a revision against the order granted today.

The prosecution had previously applied for a stay of the trial pending an application at the Federal Court to reverse the Appeal Court’s decision on Magistrate Zaki’s order.

But Ahmad said that the prosecution should have made the appeal with the Court of Appeal itself.

“This court is mindful that an appeal to higher court, in this case the Federal Court, cannot operate as a stay of execution of any judgment or orders given by the court. The decision of the COA is hence to be observed and complied forthwith,” he said.

Anwar, Azmin and Badrul were accused on July 2 with abetting R. Tangam, G. Rajesh Kumar and Farhan Ibrahim @ Alias to violate the magistrate’s court order.

On May 22, the three claimed trial to breaching a court order prohibiting the public from entering Dataran Merdeka during the rally. They were also accused of abetting and inciting Tangam, Rajesh Kumar and Farhan to breach the barricade, and participating in a street protest with the intention of violating the court order.

All the offences were alleged to have been committed at Jalan Raja and Jalan Tun Perak between 2.30pm and 3pm on April 28 2012.