Trio given discharge over rally notification charge

  • Nation
  • Thursday, 15 May 2014

KUALA LUMPUR: Badrul Hisham Shaharin and two other Solidariti Anak Muda Malaysia members were discharged by the Sessions Court here of a charge proffered under the Peaceful Assembly Act.

SAMM chief Badrul Hisham, popularly known as Chegubard, Mohamed Bukhairy Mohamed Sufian and SAMM propaganda director Edy Nor Reduan were charged under Section 9(1) of the Act for failing to notify the police 10 days before organising a rally on New Year’s Eve protesting the increase in the price of goods and the introduction of the goods and services tax (GST).

Yesterday, judge Ahmad Bache delivered his verdict after the case was adjourned on May 9 before the charge could even be read following an objection raised by the trio’s counsel, Gobind Singh Deo, saying that it was clear that Section 9(5) of PAA was no longer valid as the Court of Appeal had declared it unconstitutional.

Judge Ahmad said on the issue of the court’s jurisdiction, the trio came to court by virtue of the summons issued against them and their presence in court placed them under the jurisdiction of the court.

He instructed the charge be read to them and pleas to be recorded from the trio, who later claimed trial.

Justice Ahmad said both Section 9(1) and Section 9(5) of the Act had to be read together, and when the Court of Appeal declared Section 9(5) unconstitutional, technically Section 9(1) was also unconstitutional.

Thus, he said, that rendered the charge against the trio defective.

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