The Shah Alam High Court will render on March 23, 2016, render its decision on an application by Selangor state executive councillor Nik Nazmi Nik Ahmad to set aside a charge relating to the organising the ‘Black 505’ assembly without sufficient notice in Petaling Jaya, about three years ago.
On Jan 5 this year, Nik Nazmi, 34, who was accused for the third time of the offence, had pleaded not guilty after the charge was read out to him before Justice Datuk Ghazali Cha.
According to the charge, Nik Nazmi, who is the Selangor Education, Human Resource Development, Science, Technology and Innovation Committee chairman was accused of failing to inform Petaling Jaya district police chief at least 10 days before holding the Black 505 rally at Petaling Jaya City Council (MBPJ) Stadium in Kelana Jaya at 8.30pm on May 8 2013.
He was charged under Section 9 (1) of the Peaceful Assembly Act 2012 and liable to be sentenced under Section 9 (5) of the same act which provides for a fine not exceeding RM10,000 upon conviction.
Nik Nazmi, who is also Parti Keadilan Rakyat Youth chief was charged for the first time on May 13 2013.
He later applied to set aside the charge but was rejected by the High Court judge here on Nov 1 2013.
On April 25 2014, the Appeals Court allowed Nik Nazmi’s application to drop the charge and set aside the decision of the High Court.
On Feb 6 2014, Nik Nazmi was charged for the second time for the same offence.
However, on May 6 2014, the Petaling Jaya Sessions court judge discharged Nik Nazmi but not amounting to an acquital after the judge recused himself from hearing the case.
The judge also took into consideration the decision of the Appeals Court which allowed the appeal by Nik Nazmi to drop the charges against him on April 25 2014.