Federal CT orders 7 for trial to establish street protest
PUTRAJAYA: The Federal Court has ordered seven people, including three MPs, challenging the constitutionality of street protest to first be tried in the lower courts to establish the facts.
The seven people were charged separately for participating in street protests under the Peaceful Assembly Act (PAA) last year.
A five-member panel, chaired by Chief Justice Tun Arifin Zakaria, without hearing the merits of the case, said there were no finding of facts from the trial court to decide on the constitutionality of Section 4(2)(c) of the PAA.
"We don't want to respond to an academic question. We don't want to set a precedence. Otherwise in every case the accused will come to the Federal Court challenging the constitutionality of the charge.
"The defendants should go back to the trial courts. Findings have to be made by the trial court on whether or not there was a street protest," Arifin said today.
He added the defendants were at liberty to make reference to the Federal Court, after finding of facts have been made, to decide whether or not street protests were constitutional.
Kuching MP Chong Chieng Jen and Stampin MP Julian Tan Kok Ping were charged with participating in a Bersih 4 rally on Aug 29, last year, in Kuching.
Bayan Baru MP Sim Tze Tzin, activists Maria Chin Abdullah, Mandeep Singh, Mohd Fariz Abd Talib@Musa were charged for participating in the #KitaLawan rally that began at Jalan Tun Perak and ended at Sogo shopping mall on March 28.
Mohd Fariz was also separately charged with Adam Adli Abd Halim for participating in the #KitaLawan Rally on Feb 28, last year, at the Sogo shopping mall and Esplanade KLCC.
If found guilty, they could be fined up to RM10,000 while the three MPs could be disqualified from holding office and contesting in the next election if they are fined more than RM2,000.
All were charged in the Sessions Court but the High Courts referred their matters to the Federal Court to determine the constitutionality of Section 4 (2) (c) of the PAA.
Lawyer Gobind Singh Deo represented Chong and Tan. Lawyer N Surendran represented Adam and Mohd Fariz while Ramkarpal Singh represented Mohd Fariz, Maria, Sim and Mandeep.