After more than six years of hearing, 41 activists and a journalist charged with illegal assembly during a price hike protest in 2008 were released by the Sessions Court.
Kuala Lumpur Sessions court judge Mat Ghani Abdullah, in dismissing the charge, said the prosecution had failed to establish a prima facie case against the accused.
He then ordered the 42 accused to be released immediately.
The presiding judge Mat Ghani Abdullah said he would only release the grounds of his judgement if the prosecutor decide to appeal.
Among those released are Batu MP Chua Tian Chang, better known as Tian Chua, PAS Kuala Krai MP Hatta Ramli, former Kuala Selangor MP Dr Dzulkefly Ahmad, Parti Sosialis Malaysia (PSM) president Mohd Nasir Hashim and secretary-general A Arutchelvan, and former Malaysiakini journalist Syed Jaymal Zahiid (left).
The court room was packed with accused and their supporters who were overjoyed and hugged each other and shouted “Allahuakbar” (Allah is great) when the decision read out. The group shouted the slogan “Hidup rakyat “ when they were outside the courtroom.
They were charged under Section 143 and 188 of the Penal Code, both offences carrying a maximum jail sentence of six months.
Syed Jaymal was also charged with obstructing Chief Inspector Effendi Abdul Rahman from performing his duty when he questioned the police officer on the arrests of the protesters.
The Malay Mail reporter who was assigned on the ground to perform his duty was charged under Section 186 of the Penal Code. If found guilty, he would be jailed for a maximum sentence of two years, a sentence four time heavier than the other two charges.
The massive protest against price was organised by a coalition following the petrol hike, and police had arrested 60 activists and Syed Jaymal, and ultimately 45 were charged. One accused had pleaded guilty and was fined, another died and the last one being confirmed not an accused, the number being charged fell to 42.
The prosecutor will decide whether to appeal after seeking instructions from the Attorney-General’s Chamber, said deputy public prosecutor How May Ling.
The attorney-general should have retracted all charges related to the rally as soon as the Peaceful Assembly Act was passed in parliament, said PAS deputy president Mohamad Sabu, who has also been acquitted today, when met outside the court.
“This (has proven) a waste of time, the AG should have retracted all the trial charges under (Section 27 of ) the Police Act (and Penal Code),” he said.
Kuala Lumpur Sessions court judge Mat Ghani Abdullah, in dismissing the charge, said the prosecution had failed to establish a prima facie case against the accused.
He then ordered the 42 accused to be released immediately.The presiding judge Mat Ghani Abdullah said he would only release the grounds of his judgement if the prosecutor decide to appeal.
Among those released are Batu MP Chua Tian Chang, better known as Tian Chua, PAS Kuala Krai MP Hatta Ramli, former Kuala Selangor MP Dr Dzulkefly Ahmad, Parti Sosialis Malaysia (PSM) president Mohd Nasir Hashim and secretary-general A Arutchelvan, and former Malaysiakini journalist Syed Jaymal Zahiid (left).
The court room was packed with accused and their supporters who were overjoyed and hugged each other and shouted “Allahuakbar” (Allah is great) when the decision read out. The group shouted the slogan “Hidup rakyat “ when they were outside the courtroom.
They were charged under Section 143 and 188 of the Penal Code, both offences carrying a maximum jail sentence of six months.
Syed Jaymal was also charged with obstructing Chief Inspector Effendi Abdul Rahman from performing his duty when he questioned the police officer on the arrests of the protesters.
The Malay Mail reporter who was assigned on the ground to perform his duty was charged under Section 186 of the Penal Code. If found guilty, he would be jailed for a maximum sentence of two years, a sentence four time heavier than the other two charges.
The massive protest against price was organised by a coalition following the petrol hike, and police had arrested 60 activists and Syed Jaymal, and ultimately 45 were charged. One accused had pleaded guilty and was fined, another died and the last one being confirmed not an accused, the number being charged fell to 42.
The prosecutor will decide whether to appeal after seeking instructions from the Attorney-General’s Chamber, said deputy public prosecutor How May Ling.
The attorney-general should have retracted all charges related to the rally as soon as the Peaceful Assembly Act was passed in parliament, said PAS deputy president Mohamad Sabu, who has also been acquitted today, when met outside the court.
“This (has proven) a waste of time, the AG should have retracted all the trial charges under (Section 27 of ) the Police Act (and Penal Code),” he said.
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