The Attorney-General’s Chambers said it will discontinue proceedings against those involved in the anti-corruption protest held in Kota Kinabalu on New Year’s Eve last year.
“The chambers, after detailed consideration, has decided not to proceed with the charges and discontinue proceedings against the individuals involved, in line with Section 254 of the Criminal Procedure Code,” it said in a statement today.
Section 254 of the Criminal Procedure Code stipulates that the public prosecutor may discontinue proceedings at any point of a trial before the court renders its judgment, after which the accused would be granted a discharge not amounting to an acquittal unless the court directs otherwise.
The AGC statement did not explain why proceedings had been halted.
However, Prime Minister Anwar Ibrahim announced on Feb 13 that the government intends to amend Section 11 of the Peaceful Assembly Act 2012 and impose a moratorium on all ongoing investigations under the provision.
Notice served
Despite the moratorium, student activist Fadhil Kasim, who coordinated the Gempur Rasuah Sabah rally, said police served him a notice last Friday stating he would be charged in court in April.
It stated that he would be charged under Section 9(5) of the PAA and Section 509 of the Penal Code. Malaysiakini was informed that the charge under Section 509 pertains to Fadhil’s speech where he allegedly insulted Sabah Governor Musa Aman.
The provision under PAA stipulates punishment for the failure to give notification of assembly while Section 509 of the Penal Code criminalises the use of words or gestures to insult a person’s modesty.
At the time, Fadhil had expressed disappointment towards the AGC’s decision to proceed with prosecution despite Anwar’s announcement.
“Apparently, after the prime minister’s announcement in the Parliament, the police have referred back to the AGC regarding its order to prosecute me, but the AGC on Feb 17 replied to the police saying that it must proceed,” he said.
The Gempur Rasuah Sabah protest on Dec 31, 2024, involved around 50 people protesting outside near Menara Kinabalu. They were demonstrating against a corruption scandal in the state as well as Musa’s appointment as governor.
The students had filed a notice to the police before the rally, but the police claimed it did not fulfil requirements under the PAA. - Mkini
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