In a surprising twist, the Petaling Jaya Sessions Court today dismissed Solidarity Anak Muda Malaysia (SAMM) leader Badrul Hisham Shaharin's application for a discharge of his charge under the Peaceful Assembly Act 2012.
Badrul Hisham, popularly known as Chegubard, was charged with not informing the authorities over the Black 505 rally at Dataran Petaling Jaya, Padang Timur on May 25 last year.
Sessions judge Yasmin Abdul Razak dismissed Badrul Hisham's application and fixed June 5 for mention.
Badrul Hisham's lawyer Eric Paulsen made the application following the landmark April 25 decision that declared the punishment under Section 9 (5) of the PAA as unconstitutional in Selangor deputy speaker Nik Nazmi Nik Ahmad's case.
He was charged under exactly the same section as Nik Nazmi, where the latter had gained an acquittal.
On the last occasion, Yasmin granted a discharge not amounting to an acquittal when Nik Nazmi was re-charged.
However, over at the Ipoh Sessions Court today, Ipoh Barat MP Thomas Su and PKR leader Anuar Zakaria, 45, were granted a discharge for organising the Blackout 505 rally at Medan Istana on May 12 last year, a charge under the same section.
Sessions judge Julie Lack Abdullah granted a discharge after agreeing with lawyer Gobind Singh Deo who submitted that the offence under Section 9 (5) had been declared unconstitutional and as there was no stay applied for in the Court of Appeal decision, there was no charge to answer.
Gobind further submitted that an appeal over the landmark decision does not operate as a stay and that the Sessions Court was bound by the principle of stare decisis (to abide by the present precedent).
Julie agreed that she was bound by the Court of Appeal decision and granted a discharge.
[More to follow]
Badrul Hisham, popularly known as Chegubard, was charged with not informing the authorities over the Black 505 rally at Dataran Petaling Jaya, Padang Timur on May 25 last year.
Sessions judge Yasmin Abdul Razak dismissed Badrul Hisham's application and fixed June 5 for mention.
Badrul Hisham's lawyer Eric Paulsen made the application following the landmark April 25 decision that declared the punishment under Section 9 (5) of the PAA as unconstitutional in Selangor deputy speaker Nik Nazmi Nik Ahmad's case.
He was charged under exactly the same section as Nik Nazmi, where the latter had gained an acquittal.
On the last occasion, Yasmin granted a discharge not amounting to an acquittal when Nik Nazmi was re-charged.
However, over at the Ipoh Sessions Court today, Ipoh Barat MP Thomas Su and PKR leader Anuar Zakaria, 45, were granted a discharge for organising the Blackout 505 rally at Medan Istana on May 12 last year, a charge under the same section.Sessions judge Julie Lack Abdullah granted a discharge after agreeing with lawyer Gobind Singh Deo who submitted that the offence under Section 9 (5) had been declared unconstitutional and as there was no stay applied for in the Court of Appeal decision, there was no charge to answer.
Gobind further submitted that an appeal over the landmark decision does not operate as a stay and that the Sessions Court was bound by the principle of stare decisis (to abide by the present precedent).
Julie agreed that she was bound by the Court of Appeal decision and granted a discharge.
[More to follow]
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