Nik Nazmi faces same charge for third time over Black 505 rally

Seri Setia assemblyman Nik Nazmi Nik Ahmad in court today to face charges again under the same Section 9(5) of the Peaceful Assembly Act (PAA) despite having been acquitted of the offence last year. – The Malaysian Insider pic by Afif Abd Halim, October 6, 2015.Seri Setia assemblyman Nik Nazmi Nik Ahmad has been charged for the third time under the Peaceful Assembly Act (PAA) for failing to provide prior notice for the Black 505 rally in 2013.

Nik Nazmi, who was previously acquitted of the same charge after Section 9(5) of the Act was declared unconstitutional, was charged again at the Petaling Jaya Sessions Court this morning following Court of Appeal's ruling recently that the the section is constitutional.

The PKR Youth chief was charged twice under the same Act in 2014, with the Sessions Court dismissing the charge the second time due to the Court of Appeal decision then, that Section 9(5) which provides for a 10-day notice period before any public assembly, was unconstitutional.

The same court overturned their ruling in an appeal concerning Johor PKR secretary R. Yuvaneswaran last week.

However, Nik Nazmi's lawyer Syahredzan Johan (pic, right) questioned the charge, saying that it was double jeopardy.

"Under Article 7 (2), the suspect can't be charged again for the same offence," he said.

The previous attempt to charge Nik Nazmi under the same offence after last year's Court of Appeal ruling was dismissed by the same sessions court.

Nik Nazmi's alleged offence relates to the Black 505 rally at the Kelana Jaya stadium, which was organised three days after the May 5 general elections in 2013.

Nik Nazmi is also Selangor state exco for education, and also the PKR Youth Chief.

- TMI