Prosecution withdraws appeal to increase Nik Nazmi's PAA fine

The prosecution has withdrawn its appeal to increase the RM1,500 fine imposed on Setiawangsa MP Nik Nazmi Nik Ahmad on a charge under the Peaceful Assembly Act 2012 (PAA).

He had previously been fined RM1,500 after he pleaded guilty at the Shah Alam High Court for violating the PAA in organising the Black 505 rally five years ago.

Nik Nazmi said his lawyers had informed him of the prosecution's appeal withdrawal.

"I have been informed by my lawyers that the Deputy Public Prosecutor (DPP) has decided to discontinue the appeal to increase the RM1,500 fine imposed against me under the Peaceful Assembly Act 2012 due to the 2013 Black 505 rally," he said in a statement.

"I am grateful that the DPP has agreed to do so as I have long believed that the time and resources spent on prosecuting me over what was ultimately a peaceful rally could have been better used elsewhere," he added.

When contacted by Malaysiakini, Nik Nazmi’s lawyer Syahredzan Johan confirmed the withdrawal. 

The Court of Appeal had earlier dismissed the government’s appeal to increase the fine in January, paving the way for Nik Nazmi to contest in the 14th general election.

The Pakatan Harapan Youth chief said he felt the prosecution’s appeal was a waste, as the Kuala Lumpur High Court also awarded him RM230,000 in damages for malfeasance in public office against the attorney-general of the time and the government then.

Nik Nazmi had been charged again for violating the PAA, despite being acquitted of an earlier charge after a Court of Appeal bench presided over by Justice Mohamad Ariff Md Yusof (now Speaker of Dewan Rakyat) ruled that Section 9(5) of the PAA was unconstitutional.

Under Section 9(5) of the PAA, an organiser stands to face a fine of RM10,000 for not giving 10 days’ notice before an assembly.

"I consider this matter closed and I hope the government will work together with Parliament as well as civil society to consider how the freedom of assembly can continue to be exercised peaceably and lawfully by all Malaysians," Nik Nazmi said. - Mkini