PETALING JAYA: Seri Setia assemblyman Nik Nazmi Nik Ahmad was discharged by the Sessions Court here moments after he was recharged for organising a rally.
In granting a discharge not amounting to an acquittal, Judge Yasmin Abdul Razak ruled that it was premature for the prosecution to recharge Nik Nazmi on the same offence.
The Sessions Court judge said the Court of Appeal had on April 25 thrown out an earlier case against him on the grounds that the charge was unconstitutional.
She said she should follow the appellate court’s decision as the appeal against the Court of Appeal’s decision had yet to be heard.
“In this situation, can a person who was acquitted by the Court of Appeal be recharged in a Sessions Court?” she asked.
Judge Yasmin said Nik Nazmi, 32, was also acquitted and discharged by another Sessions Court here on Monday for committing the same offence.
“To me, it is not a matter to be refiled. This is the third bite of the cherry,” she said, adding that the prosecution should instead wait for the appeal against the Court of Appeal’s decision.
The judge made the ruling after hearing submissions by deputy public prosecutor Wan Shaharuddin Wan Ladin and Nik Nazmi’s counsel N. Surendran yesterday.
Earlier, Surendran submitted that the prosecution was clearly showing disrespect against the Court of Appeal’s decision.
Wan Shaharuddin argued that the appellate court’s decision did not bar the prosecution from recharging Nik Nazmi as Article 145(3) of the Federal Constitution had given them full authority to do so.
He said the Court of Appeal acquitted Nik Nazmi without any evidence heard and it had already known that the case had never been tried.
Nik Nazmi was recharged yesterday under Section 9(1) of the Peaceful Assembly Act 2012 for failing to notify the police 10 days prior to the Blackout 505 rally at Kelana Jaya Stadium at about 8.30pm on May 8 last year.
The charge read that he, as the rally organiser of the Selangor Information Programme Gathering, was accused of failing to inform an officer of the Petaling Jaya Police District as to where the gathering would be organised within the required 10-day notice before organising the rally.