PUTRAJAYA: An application by Batu MP Tian Chua and 16 others to strike out an order to enter their defence for participating in the Bersih rally has been dismissed by the Court of Appeal here.
Court of Appeal judge Justice Nihrumala Segara, who chaired a three-person panel, disallowed the application upon a preliminary objection made by DPP Nurul Huda Nuraini Mohd Nor, saying they were bound by case law on the matter.
The other two judges were Justices Azhar Haji Ma’Ah and Lim Bee Lan.
Tian Chua is charged with the 16 others with participating in an unlawful assembly at the National Mosque compound, Jalan Istana Baru, Jalan Raja Laut and beside the Sogo department store in Jalan Tuanku Abdul Rahman in Kuala Lumpur between 1pm and 4pm on Nov 10 five years ago.
The others include PAS deputy president Mohamad Sabu, Batu Serai MP N. Gobalakrishnan and two minors.
They were represented by Nasar Khan and Jason Tay.
The respondents had previously been acquitted by the Sessions Court on Nov 19, 2010, but on March 1 this year, the High Court overturned the decision and ordered them to enter their defence.
The trial will continue on Aug 29.
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