Opposition members fail to get charges under Peaceful Assembly Act dropped

(From left) The four accused, Mohamed Adib, Syed Azman, Anthony Loke and Rafizi with their lawyer outside the Sessions Court in Kuala Lumpur today. – The Malaysian Insider pic by Wan Amirul Asraf Wan Omar, May 15, 2014.The Sessions Court today dismissed an application to discharge four men, including two MPs for their failure to fulfil a requirement under the Peaceful Assembly Act (PAA).

Judge Mat Ghani Abdullah said the validity of a notice issued by City Hall could only be decided after a full trial.

"It is premature for this court to give the accused persons a discharge without having the benefit of hearing the evidence," he said.

Defence counsel Eric Paulsen said the notice was defective as City Hall was merely an administrator of the property, which is the field where the assembly was held.

He told the court today the property owner was the Federal government.

Seremban MP Anthony Loke Siew Fook and Pandan MP Rafizi Ramli were charged with organising a rally without meeting a condition set by Dang Wangi police chief ACP Zainuddin Ahmad.

Also facing the charge were Batu Burok assemblyman Dr Syed Azman Syed Ahmad Nawawi and PKR staff Muhammad Adib Ishar.

They were charged with committing the offence at Padang Merbok, Jalan Parlimen in Kuala Lumpur between 2pm and 6pm on June 22 last year.

The offence under section 15 (3) of the PAA carries a fine of up to RM10,000.

Last July, all pleaded not guilty to the charge. They also face an alternative charge of, as organisers, failing to furnish a copy of DBKL’s approval letter (allowing the rally at the venue) dated June 12, 2013, 10 days before the event to Zainuddin, as required under Section 9(1) of the PAA.

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