Maria Chin freed of Bersih 4 charge

Bersih chairperson Maria Chin Abdullah is free of her charge under the Peaceful Assembly Act 2012 (PAA) for organising the Bersih 4 rally, because the Federal Court held that it had no jurisdiction in the matter.

A five-member Federal Court bench, led by Chief Judge of Sabah and Sarawak Justice Richard Malanjum, unanimously dismissed the prosecution's appeal against the appellate court's decision to strike out charges against Maria.

"We dismiss the appeal as this matter originated in the Sessions Court and should end at the Court of Appeal," Malanjum said.

With this, the Court of Appeal's earlier decision to strike out the charge still stands. 

The prosecution, led by DPP Awang Armadajaya Awang Mahmud, had said that the prosecution is appealing the decision as it is a constitutional issue, pertaining to Article 7 on retrospective punishment. 

Lawyers M Puravalen and Shahid Adli Kamarudin, however, argued that it was a matter of jurisdiction, saying that since the matter originated at the Sessions Court, it should end at the Court of Appeal.

Maria had previously tried to strike out the charge at the High Court, but this was dismissed by Justice Mohammad Shariff Abu Samah, who cited the decision in the case of PKR Johor executive secretary R Yuneswaran. 

However, the Court of Appeal struck out the charge last year on the grounds that Maria was charged retrospectively for Bersih 4, an event which took place when the decision in the Nik Nazmi Nik Ahmad Black 505 case still stood.

Justice Tengku Maimun Tuan Mat, who led the Court of Appeal bench at the time, ruled that the appellate court's Oct 2015 decision on Yuneswaran cannot be retroactively applied as enshrined in Article 7(1) of the Federal Constitution.

Maria was charged on Nov 3, 2015, under Section 9(5) of PAA for failing to give police the required 10-day notice.

When the Bersih 4 event was held, the decision in the Nik Nazmi case, which declared the 10-day notice unconstitutional, still stood as precedent.

However, the Court of Appeal later ruled the requirement constitutional. Maria was charged thereafter.

After today's decision, Maria said she was relieved that the case was over. “The Bersih 4 rally went on in peace and I should not be charged," she stated.

However, she is still facing another charge under PAA for the Kita Lawan rally.- Mkini