Solidariti Anak Muda Malaysia leaders Badrul Hisham Shahrin, Edy Nor Reduan and Mohamed Bukhairy Mohamed Sofian will be recharged again tomorrow at the Kuala Lumpur Sessions Court.
This follows the recharge and discharge of Selangor deputy speaker Nik Nazmi Nik Ahmad earlier this week.
The three received a warrant yesterday to attend court to be recharged under Section 9(1) and punished under Section 9 (5) of the Peaceful Assembly Act 2012 (PAA) - which has been declared unconstitutional - for the Turun price-hike rally on New Year's Eve.
It was only last week that the three including Badrul Hisham, better known as Chegubard, were granted a discharge by the Kuala Lumpur Sessions Court after the judge took note of the Court of Appeal’s judgment on the Nik Nazmi case.
On May 6, Nik Nazmi (left) was recharged at the Petaling Jaya Sessions Court where the judge Yasmin Abdul Razak granted a discharge not amounting to an acquittal.
She held the court was bound by the appellate court's landmark decision.
The Court of Appeal had ruled Section 9 (5) punishment for not giving a 10 day notice to the authorities as unconstitutional, and giving 10 days notice as unreasonable.
Lawyer Eric Paulsen said in light of these decisions, the action by the attorney general (AG) to recharge the three of the same offence after the Sessions Court had granted a discharge, is certainly wrong.
“It shows complete contempt and disregard of the Court of Appeal decision that declared Section 9 (5) as unconstitutional and null and void,” he said.
Following this,Paulsen said they will take instructions from their clients on filing a malicious prosecution action against the AG.
This follows the recharge and discharge of Selangor deputy speaker Nik Nazmi Nik Ahmad earlier this week.
The three received a warrant yesterday to attend court to be recharged under Section 9(1) and punished under Section 9 (5) of the Peaceful Assembly Act 2012 (PAA) - which has been declared unconstitutional - for the Turun price-hike rally on New Year's Eve.
It was only last week that the three including Badrul Hisham, better known as Chegubard, were granted a discharge by the Kuala Lumpur Sessions Court after the judge took note of the Court of Appeal’s judgment on the Nik Nazmi case.
On May 6, Nik Nazmi (left) was recharged at the Petaling Jaya Sessions Court where the judge Yasmin Abdul Razak granted a discharge not amounting to an acquittal.She held the court was bound by the appellate court's landmark decision.
The Court of Appeal had ruled Section 9 (5) punishment for not giving a 10 day notice to the authorities as unconstitutional, and giving 10 days notice as unreasonable.
Lawyer Eric Paulsen said in light of these decisions, the action by the attorney general (AG) to recharge the three of the same offence after the Sessions Court had granted a discharge, is certainly wrong.
“It shows complete contempt and disregard of the Court of Appeal decision that declared Section 9 (5) as unconstitutional and null and void,” he said.
Following this,Paulsen said they will take instructions from their clients on filing a malicious prosecution action against the AG.
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