Opposition lawmakers, member seek to challenge constitutionality of Peaceful Assembly Act

Source: The Malaysian Insight

TWO opposition assemblymen and a party worker who were charged for violating the Peaceful Assembly Act (PAA) by participating in a street protest two years ago, have applied to refer their case to the Federal Court on constitutional grounds.

Kuala Lumpur High Court judge Azman Abdullah stayed the proceedings today and said he would decide on December 13 whether the case would be referred to the Federal Court.

Teja assemblyman Chang Lih Kang, 37, Semambu assemblyman Lee Chean Chung, 36, and former political secretary to PKR vice-president Tian Chua, Rozan Azen Mat Rasip, 40 were ordered to by the magistrate’s court to enter their defence in August.

They were charged under Section 4(2c) of the PAA for participating in the “Kita Lawan” rally in March 2015 to call for opposition leader Anwar Ibrahim to be released and for Prime Minister Najib Razak to step down. Read more

Jingga 13 chairman Fariz Musa freed on charge with participating in street demonstration

Source: The Malay Mail Online

On September 8, 2015, Fariz Musa (second right) had pleaded not guilty to a charge of participating in the the street demonstration which started in front to the Sogo Complex. Pic by The Malay Mail Online

KUALA LUMPUR, Nov 2 ― The Magistrate’s Court here today discharged, but not amounting to an acquittal, Jingga 13 chairman Mohd Fariz Abd Talib @ Musa ,47, on a charge with participating in the  #KitaLawan street demonstration two years ago.

Magistrate Ahmad Solihin Abd Wahid made the decision after he was informed by the prosecution, conducted by deputy public prosecutor Raja Zaizul Faridah Raja Zaharudin, that the Attorney-General’s Chambers (AGC)  allowed the representation by Mohd Fariz, represented by lawyer Eric Paulsen, for a review of the charge against him.

“As such, the prosecution closes its case against Mohd Fariz,” he said.

Later, when met outside the court, Raja Zaizul Faridah said the representation was made because Mohd Fariz had diabetes and one of his legs had been amputated. Read more

Two Bersih leaders, PKR MP freed from 2015 #KitaLawan rally charge

Source: The Malay Mail Online

KUALA LUMPUR, Aug 28 — The Magistrate’s Court discharged today polls reform group Bersih 2.0 chief Maria Chin Abdullah and two others from an 2015 criminal case over a #KitaLawan rally, but issued an arrest warrant for the fourth person charged.

Lawyer Vince Tan, who represented Bersih 2.0 secretariat manager Mandeep Singh — one of the three people freed — said today was initially set for trial for the two-year-old case.

Tan said the defence team for the accused were ready for the trial, but the original deputy public prosecutor’s absence led to the discharge of three of the four accused present in court — Maria, Mandeep and PKR’s Bayan Baru MP Sim Tze Tzin.

Another deputy public prosecutor had attended court proceedings today for a mention of the case on behalf of the initial deputy public prosecutor, he said.

“The court gave discharge not amounting to acquittal to all accused because the prosecution was not there. So the magistrate decided the matter, three of the accused given discharge not amounting to acquittal,” he told Malay Mail Online when contacted. Read more

Maria Chin, three others allowed to refer constitutionality of #KitaLawan charge to Federal Court

Source: The Malay Mail Online

On Sunday, Maria Chin Abdullah was stopped by airport officials when she tried to board a flight to South Korea. — Picture by Saw Siow Feng

Maria Chin Abdullah — Picture by Saw Siow Feng

KUALA LUMPUR, Aug 9 — The High Court here today allowed the application by Bersih 2.0 chairman Maria Chin Abdullah and three others to refer the constitutional issue of their #KitaLawan street demonstration charge to the Federal Court.

Judicial Commissioner Datuk Nordin Hassan said only the Federal Court had the power to decide on questions of constitutionality.

The three others who filed the application were Jingga 13 chairman Mohd Fariz Abd Talib@Musa, Bersih 2.0 secretariat manager Mandeep Singh and Bayan Baru Member of Parliament Sim Tze Tzin.

They were charged with others still at large with participating in a street demonstration to call for reformation and Datuk Seri Anwar Ibrahim’s release in front of a fountain at the Jalan Tun Razak junction until the Sogo Complex here between 3.15 pm and 6 pm on March 28 last year.

All of them were charged under Section 4(2)(c) of the Peaceful Assembly Act 2012 to the Federal Court and face a maximum fine of RM10,000 if found guilty.

Deputy public prosecutor Wan Shaharuddin Wan Ladin prosecuted, while all the accused were represented by counsel Gooi Hsiao Leung. — Bernama