SHAH ALAM, Dec 8 — Selangor executive council member Nik Nazmi Nik Ahmad was today fined RM1,500 in default two weeks’ jail by the High Court here today for organising the ‘Black 505’ rally without permit three years ago.
Judge Datuk Ghazali Cha imposed the fine to Nik Nazmi, 34, after he pleaded guilty to the charge.
Nik Nazmi paid the fine. Read more
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.
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SHAH ALAM: The High Court here today fixed March 23 for a 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.
Judge Datuk Ghazali Cha set the date after hearing submisions from counsel Syahredzan Johan who represented Nik Nazmi and deputy public prosecutor Wan Shaharuddin Wan Ladin.
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 Ghazali. Read more
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Adun Seri Setia Nik Nazmi Nik Ahmad didakwa buat kali ketiga mengikut pertuduhan sama di Mahkamah Sesyen Petaling Jaya, hari ini. – Gambar The Malaysian Insider oleh Afif Abd Halim, 6 Oktober, 2015.
Ahli Dewan Undangan Negeri (Adun) Seri Setia Nik Nazmi Nik Ahmad didakwa buat kali ketiga mengikut pertuduhan yang sama kerana pelanggaran Akta Perhimpunan Aman (PAA) 2012 di Mahkamah Seksyen Petaling Jaya, hari ini.
Exco pendidikan Selangor itu didakwa semula mengikut Seksyen 9(5) PAA kerana gagal memberi notis kepada polis daerah dalam tempoh 10 hari yang diperlukan bagi penganjuran perhimpunan ‘Black 505’ di Stadium Kelana Jaya pada 8 Mei, 2013.
Ia susulan keputusan dramatik Mahkamah Rayuan mendenda Setiausaha PKR Johor R Yuneswaran sebanyak RM6,000 kerana gagal memberi notis dalam tempoh 10 hari bagi penganjuran Black 505 tersebut.
Peguam Shahredzan Johan yang mewakilinya mempersoalkan dakwaan kali ketiga anak guamnya itu yang menurutnya tidak mengikut perlembagaan.
“Mengikut Artikel 7(2) suspek yang didakwa tidak boleh disabitkan semula untuk pertuduhan sama.
“Ia seperti ‘double jeopardy’ atau pendakwaan berulang kali,” katanya kepada pemberita di luar bilik Mahkamah Seksyen Petaling Jaya. Read more
Last year’s May Day rally in Kuala Lumpur. The Court of Appeal has said that organisers of assemblies can be punished according to the Peaceful Assembly Act 2012. – The Malaysian Insider filepic, October 1, 2015.
The Court of Appeal today ruled that a provision in the Peaceful Assembly Act 2012 (PAA) that punishes organisers for holding assemblies is constitutional.
A three-man bench chaired by Tan Sri Md Raus Sharif said Section 9(5) of the PAA, which provides for a fine of up to RM10,000, did not run foul of Article 10 of the Federal Constitution.
“Section 9(5) is valid and enforceable,” Raus said of the unanimous judgment.
He said as such the bench had to depart from a previous Court of Appeal ruling that Section 9(5) was unconstitutional.
Raus said this in allowing the appeal of the government against the acquittal of Johor PKR executive secretary R. Yuneswaran on a charge of unlawfully organising a “Blackout 505” rally in 2013. Read more