Cop: Nik Nazmi only gave same-day notice for Black 505 event

A police officer told the Kuala Lumpur High Court today that Selangor exco member Nik Nazmi Nik Ahmad had only given notice to the Petaling Jaya police district office over the Black 505 rally on May 8, 2013,

Deputy superintendent Lim Chee Khoon said in his investigation that Nik Nazmi who is also PKR Youth chief had only given notice at about 12.30pm on that day when the event was scheduled to be at 8pm that same night.

“The investigation is under Section 9 (1) of the Peaceful Assembly Act 2012 which is punishable under Section 9(5) of the same Act. I forwarded my investigation to the Public Prosecutor who recommended that Nik Nazmi is charged as the organiser for failing to give the 10-day notice,” he said.

Lim, who was the senior investigating officer at the Petaling Jaya district police at the time and is now Sabak Bernam deputy OCPD, was replying to questions from senior federal counsel Zuhrin Mohd Dom.

The witness was testifying in Nik Nazmi's malicious prosecution and misfeasance in public office case against then attorney general Abdul Gani Patail, the AG's Chambers and the government.

Yesterday, Nik Nazmi testified that despite the Court of Appeal's landmark decision on April 25, 2014, which declared that the punishment under Section 9(5) was unconstitutional and led to his acquittal on May 5, he was still recharged by the deputy public prosecutor the next day.

When cross-examined by Nik Nazmi's lawyer Syahredzan Johan (photo), Lim agreed that the rally was peaceful and that there were no police reports lodged after the rally.

“I agree there is no untoward incidents and no police report lodged,” he said.

On cross-examination by Zuhrin, Lim agreed with the senior federal counsel that his finding on the investigations revealed that Nik Nazmi truly violated the law in not giving ample notice.

Following the end of Lim's testimony, the defence closes its case today.

Justice Ahmad Zaidee Ibrahim then fixed Nov 7 as case management for the dates to hear submissions to be fixed.

It was reported that the 35-year-old, who is also Seri Setia assemblyperson, said his claim against Gani and the government followed their actions which had tarnished his reputation, good name, freedom, and caused him mental anguish, and hardship, following the second charge.

On the same day, Nik Nazmi was charged for the second time, but he was granted a discharge not amounting to an acquittal.

He is claiming for general and aggravated damages besides special damages of RM80,000.

The landmark COA decision in Nik Nazmi's case was overturned in the R Yuneswaran's case over a year later on Oct 1, 2015, that ruled the requirement to give notice and the punishment accorded is constitutional.

This resulted in Nik Nazmi and a host of others to be re-charged under the PAA for not abiding the 10-day notice.- Mkini