The prosecution has withdrawn its appeal against a lower court's acquittal of participants in the 2021 candlelight vigil held in memory of Covid-19 victims.
According to Selangor DAP women's wing secretary Nalina Nair, the prosecution dropped its appeal today after the Kuala Lumpur Magistrate Court ruled in 2023 that a prima facie case had not been established.
In 2021, Nalina (above, left) and Sujatra Jayaraj claimed trial to a charge under Section 90 of the Police Act 1967 in connection with their arrests during the gathering.
Section 90 of the Police Act states that "any person who, in a police station, behaves in a riotous, indecent, disorderly or insulting manner shall be guilty of an offence under this Act".
They faced a fine not exceeding RM500, imprisonment for up to six months or both.
Commenting on the prosecution's decision to drop its appeal, Nalina said the outcome reaffirms the belief that their arrests and subsequent charges were "unjust and politically motivated".
"Peaceful mourning is not a crime. Dissent is not disorder.
"The fact that we were charged raises serious questions about how prosecutorial discretion is exercised and whether it is being misused to suppress democratic expression," she said in a social media post.
Freedom of assembly
Reiterating that freedom of peaceful assembly is a right guaranteed under Article 10 of the Federal Constitution, Nalina cautioned that public trust will be affected if police act with impunity and the law is weaponised to intimidate.
"The police must reflect deeply on the way this was handled.
"Arrests and charges must not be used as tools to harass citizens who stand for justice, compassion and accountability," she added.
Nalina and Sujatra were among 31 participants of the Aug 19, 2021, candlelight vigil hauled into two Black Marias and brought to the Dang Wangi police station for "documentation purposes".
They were later arrested and slapped with RM2,000 compound each - totalling RM62,000 - for violating regulations preventing demonstrations during the Covid-19 pandemic by gathering at Dataran Merdeka in Kuala Lumpur.
Several participants have since initiated a civil lawsuit against the police over the alleged wrongful arrests. - Mkini
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