His troubles, however, did not end there. Putrajaya appealed against the sentence, seeking a heavier penalty.
“I don’t know how much more fine they want added to my sentence. They were not happy with the original sentence (of RM1,500),” Nik Nazmi, who is also Selangor executive councillor, told The Malaysian Insight.
He thought when he pleaded guilty after being charged a third time with the same offence and was fined, that was the end of his court ordeal.
“I did not expect the federal government to pursue a heavier sentence.”
A fine of more than RM2,000 by the appellate court tomorrow would disqualify Nik Nazmi from becoming an elected lawmaker under Article 48 of the federal constitution.
He could also be slapped with a maximum fine of RM10,000 under Section 9(5) of the Peaceful Assembly Act for failing to give police a 10-day notice before the rally.
Nik Nazmi’s concern is understandable as a legal precedence was set in 2015 when Johor PKR executive secretary R. Yuneswaran was similarly fined RM6,000 for organising a rally without giving police prior notice.
Yuneswaran was convicted by the Johor Sessions Court in 2013 but was acquitted by the Johor Baru High Court in 2014.
However, the Court of Appeal reinstated the Sessions Court’s sentence on Yuneswaran in 2015.
Led by the then Court of Appeal president and current Chief Justice Md Raus Sharif, the appellate court also overturned a landmark ruling made in Nik Nazmi’s first trial that sections in the Peaceful Assembly Act requiring rally organisers to give the police a 10-day notice were unconstitutional.
Tomorrow, the appellate court in Putrajaya would have to decide whether to mete out a heavier sentence on Nik Nazmi.
The PKR Youth chief had previously said the charge was politically motivated as no BN politician has been hauled to court for his failure to notify the police before rallies.
The Malaysian Insight reported over the weekend that analysts and PH leaders anticipate the government to ramp up its intimidation tactics against the opposition in the lead up to the 14th general election.
Furthermore, Nik Nazmi said he won a civil suit last December against former attorney-general Abdul Gani Patail and Putrajaya for malicious prosecution. The Kuala Lumpur High Court awarded him RM230,000 in damages.
His lawyer Syahredzan Johan said Nik Nazmi could be the first person in Malaysia to be charged three times with the same offence.
Syahredzan, a constitutional lawyer, added that even if Nik Nazmi files an appeal after tomorrow’s verdict, he will be disqualified from running in the elections if the fine is increased to more than RM2,000.
“No, he cannot (stand in GE14). He only does not lose his seat until the final appeal, but he is disqualified from running for elections,” the lawyer said.
Nik Nazmi told The Malaysian Insight he pleaded guilty after being charged a third time to end his judicial ordeal.
He said PKR vice-president and Pandan MP Rafizi Ramli, Seremban MP Anthony Loke, and Batu Burok assemblyman Dr Syed Azman Syed Ahmad Nawawi were let off with a fine of RM1,950 in November 2016 for organising the Blackout 505 rally.
“I have fought from the beginning. I was acquitted and challenged the constitutionality of the PAA at the Court of Appeal and also succeeded in my suit against government and ex-AG. I am confident I will prevail.” – January 16, 2018.
– https://www.themalaysianinsight.com/
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