Three activists were cleared on a charge of violating the Peaceful Assembly Act (PAA) 2012 by a sessions court in Kuala Lumpur today which ruled that it was bound by a Court of Appeal decision that Section 9(5) of the PAA is unconstitutional.
However, judge Ahmad Bache ruled that the court did have jurisdiction to hear the charge and record the pleas of the three accused - Badrul Hisham Shaharin, Mohamed Bukhairy and Edy Noor Reduan.
"And hence, I allow the charge to be read," Ahmad said.
Badrul Hisham, Bukhairy and Edy Noor then pleaded not guilty, after which Ahmad gave them a discharge not amounting to an acquittal.
Ahmad also said the Court of Appeal decision must be viewed as a retrospective decision that dates back to the day that the PAA was passed.
He said this in response to deputy public prosecutor Suhaimi Ibrahim’s argument that the offence by the three was committed before the section was declared unconstitutional.
The trio were accused of violating Section 9(1) of the PAA, punishable under Section 9(5) by organising a rally, without giving prior notice, at Dataran Merdeka on New Year's Eve.
Gobind Singh Deo was their lead counsel.
[More to follow]
However, judge Ahmad Bache ruled that the court did have jurisdiction to hear the charge and record the pleas of the three accused - Badrul Hisham Shaharin, Mohamed Bukhairy and Edy Noor Reduan.
"And hence, I allow the charge to be read," Ahmad said.Badrul Hisham, Bukhairy and Edy Noor then pleaded not guilty, after which Ahmad gave them a discharge not amounting to an acquittal.
Ahmad also said the Court of Appeal decision must be viewed as a retrospective decision that dates back to the day that the PAA was passed.
He said this in response to deputy public prosecutor Suhaimi Ibrahim’s argument that the offence by the three was committed before the section was declared unconstitutional.
The trio were accused of violating Section 9(1) of the PAA, punishable under Section 9(5) by organising a rally, without giving prior notice, at Dataran Merdeka on New Year's Eve.
Gobind Singh Deo was their lead counsel.
[More to follow]
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