KUALA LUMPUR: Bersih 2.0 chairman Maria Chin Abdullah is applying to strike out her charge for allegedly failing to notify the police ahead of a rally in August.
Maria’s lead counsel Honey Tan Lay Ean said the application was filed at the High Court criminal registry on Friday.
“We are applying to strike out her charge on the grounds that when the rally happened, Section 9(5) of the Peaceful Assembly Act 2012 was already declared to be unconstitutional,” she told reporters here.
Tan and her co counsel Datuk Ambiga Sreenevasan said the prosecution can’t prosecute Maria under Section 9(1) of the Act as it has been declared invalid and unconstitutional.
In her court papers, Maria is asking for the High Court to set aside her charge and acquit her.
During court proceedings on Friday, prosecution lawyer DPP Afzainizam Abdul Aziz asked for the charge to be read again due to a minor amendment in the charge.
Maria had claimed trial to failing to notify Brickfield district police chief 10 days before a rally.
She allegedly committed the offence between 2pm and 3pm in front of a shopping complex in Jalan Tun Sambanthan, Brickfields on Aug 29 in her capacity as the organiser of the rally.
If convicted, Maria can be fined up to RM10,000 under Section 9(5) of the Act.
Sessions Court judge Jagjit Singh has set Feb 29 for mention of the case.