Decision on Nik Nazmi's application to out strike charges on March 23

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.
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.
Earlier in today's proceeding, Syahredzan applied to the court to use its discretion to cancel the charges for the third time on Nik Nazmi on the grounds that if the hearing continued, it would be infringing his client's rights under Article 7(2) of the Federal Constitution.
The lawyer said Article 7(2) stated that a person who has been discharged by a court could not be charged again without getting an order from a higher court.
According to him, Nik Nazmi was discharged but not acquitted by the Sessions Court and his client could only be charged again if there was an order from the Federal Court.
"The Court of Appeal had discharged Nik Nazmi and the decision is still valid as it has not been struck out by the Federal Court. Therefore this court (High Court) is tied to the decision by the Appeals Court," he said.
Wan Shaharuddin argued that the charges against Nik Nazmi originated from the Sessions Court, therefore there was no reason for the case to be brought to the Federal Court.
He said the charge for the third time was based on the charge on the second time in which the applicant was discharged but not acquitted.
"The prosecution has full powers under Section 145 of the Criminal Code Procedure to charge him again if it is not infringing Article 7(2) of the Federal Constitution. Therefore, we did not violate the principle as the applicant was never tried," he said. – Bernama