Nik Nazmi eligible to contest in GE14, AGC's appeal to increase fine denied

PUTRAJAYA: Nik Nazmi Nik Ahmad remains eligible to contest in the coming 14th General Election after the Court of Appeal here dismissed an appeal by the Attorney-General's Chambers to increase his fine.

The Seri Setia assemblyman had previously pleaded guilty to organising the Black 505 rally back in 2013, and was slapped with a RM1,500 fine by the Shah Alam High Court.

Court of Appeal judge Justice Mohtaruddin Baki, who led a three-man panel of judges, said that the prosecution's appeal to increase the sentence "did not have merit".

In 2016, the Shah Alam High Court imposed the fine on Nik Nazmi, the Pakatan Harapan Youth chief, after he pleaded guilty to the offence.

Nik Nazmi could have been disqualified from contesting in GE14 if his fine had been increased to over RM2,000.

He was charged under Section 9(1) of the Peaceful Assembly Act 2012, punishable under Section 9(5) of the same Act, which carries a fine of not more than RM10,000 upon conviction.

He had failed to notify the police 10 days prior to the 'Programme Penerangan Negeri Selangor' rally at the MBPJ Stadium in Kelana Jaya on May 8, 2013.

His defence counsel then, Syahredzan Johan, appealed for a fine of not more than RM2,000 to prevent Nik Nazmi from being disqualified as an assemblyman.

Article 64(1)(e) of the Selangor Constitution says that a person is disqualified from being a member of the state legislative assembly if he is convicted of an offence and sentenced to prison for a period of not less than a year and fined no less than RM2,000 without obtaining a pardon.