IPOH: The Sessions Court here has fixed May 16 to decide on the application to acquit and discharge an Opposition MP over a charge of organising a public gathering last year without giving prior notice.
Judge Noor Hayati Mat presided over the case Monday on behalf of Sessions Court judge Rushan Lufti Mohamed, who was on emergency leave.
Ipoh Timor MP Thomas Su Keong Siong was charged on May 27 last year with allegedly organising a ceramah on May 9 at Dewan Wisma Chin Woo here.
He was charged under Section 9 (1) with failing to inform the Ipoh district police chief about the event at least 10 days in advance.
The case had been set for hearing Monday.
Following last week's landmark decision by the Court of Appeal declaring the 10-day notice under the Peaceful Assembly Act "unreasonable" and criminalising it "unconstitutional", Su applied to the court to drop the charge against him.
However, Noor Hayati said she would fixed May 16 for Rushan to decide on the matter, as that date had been also fixed by him to deliver his grounds for the dismissal application to acquit and discharge state PKR secretary Mohammad Anuar Zakaria on the same charge.
However, Su's counsel Gobind Singh Deo, during his submissions earlier, said that with the landmark decision by the Court of Appeal, the charge against his client was baseless.
"With the provision declared unconstitutional, the court has no power to adjourn or fix a next mention date.
"This is a clear abuse of the process," he argued.
Deputy public prosecutor Masri Mohd Daud had earlier requested the court to set May 16 for mention.