KUALA LUMPUR: Activist and former Malaysian United Democratic Alliance (Muda) secretary-general Amir Hariri Abd Hadi has been acquitted of a charge of failing to give notice to the police of a rally in 2022.
Magistrate Farah Nabihah Muhamad Dan made the order after allowing an application by deputy public prosecutor Anis Wahidah Mohamad to withdraw the case against Amir.
The withdrawal is due to the Federal Court’s decision that held Section 9(5) of the Peaceful Assembly Act 2012 (PAA) to be unconstitutional.
“After hearing submissions from both parties as well as the decision by the Federal Court, I am informed that the case was remitted from the High Court back to me to decide.
“The prosecution has not received any instruction to re-charge the accused, therefore, the court is giving the order of a discharge and acquittal and for the bail money to be returned fully,” the magistrate said here yesterday.
In Aug 26, 2022, Amir claimed trial at the Magistrate’s Court to a charge of failing to notify the authorities about the #ManaKapalLCS protest held in town.
Amir was accused of being involved in organising a protest in front of Sogo, within Dang Wangi district, around 2pm on Aug 14, the same year.
However, he, as the organiser, was alleged to have failed to notify police about the protest five days before the event took place.
On July 1, a five-judge panel of the Federal Court ruled that a provision under Section 9(5) of the PAA, which penalised an organiser who failed to provide the police with a five-day prior notice before holding an assembly, is unconstitutional.
Former Chief Justice Tun Tengku Maimun Tuan Mat, who chaired the panel, said that Section 9(5) of the PAA is unconstitutional for it is inconsistent with Article 10(2)(b) read with Article 8(1) of the Federal Constitution.
