KUALA LUMPUR: Three Solidariti Anak Muda Malaysia (SAMM) members were given a discharge not amounting to an acquittal by a Sessions Court here over the Turun rally on New Year’s eve.
Judge Azman Mustapha made the order when the case was brought for mention on Monday.
SAMM chairman Badrul Hisham Shaharin or better known as Chegubard, Mohamed Bukhairy Mohamed Sofian and SAMM propaganda director Edy Nor Reduan were present in court.
DPP S. Malini Anne asked for another mention date pending the appeal of Seri Setia assemblyman Nik Nazmi Nik Ahmad case who on Friday succeeded in striking out his charge under Section 9(5) of the Peaceful Assembly Act in the Court of Appeal.
When contacted, counsel for the three, Melissa Sasidaran, said judge Azman agreed that Section 9(5) had been declared unconsitutional and the charge against the three should be dropped.
"Even if there is an appeal against Nik Nazmi case, it is not known how long that appeal would take to complete," she said.
On Jan 29, the three claimed trial to failing to notify the police 10 days before organising a rally protesting the price increase of goods and the introduction of the Goods And Services Tax (GST).
They were alleged to have committed the offence at Dataran Merdeka, Jalan Raja, between 9pm on Dec 31, 2013 and 1am on Jan 1.
In Nik Nazmi's case, Justice Mohammad Ariff Md Yusof declared Section 9(5) null and void as it criminalises the failure to give 10-day notice before a gathering.