14 April

High Court sets April 19 for decision on PKR leaders' Bersih 3.0 charges

By QISHIN TARIQ

KUALA LUMPUR: The High Court has set April 19 to decide whether to strike out charges against PKR deputy president Azmin Ali (pic) and Rembau branch chief Badrul Hisham Shaharin in relation to the Bersih 3.0 gathering.

Azmin and Badrul are accused of violating an order issued by magistrate Zaki Ashraf by taking part in the gathering at Dataran Merdeka on Apr 28 last year.

Counsel Datuk Mohd Yusof Zainal Abiden submitted that the magistrate order was issued out of jurisdiction and should be set aside.

He added that if the order was set aside, the charges based on the order would in turn become invalid.

"We are not challenging the Attorney-General's power to prosecute, but rather the validity of the magistrate's order. A person cannot be prosecuted for something that is not an offence, as that would be an abuse of process," Mohd Yusof told the court on Wednesday.

Deputy public prosecutor Datuk Mohamad Hanafiah Zakaria replied that the magistrate was within his jurisdiction in making the order.

He said the two conditions - requiring an immediate preventive measure and avoiding threats to human life - were met, considering the possible issues that could arise from the Bersih gathering.

Justice Kamardin Hashim fixed April 19 to decide on whether t strike out the charges, after hearing submissions for almost four hours.

On May 22 2012, Mohamed Azmin and Badrul Hisham were charged at Sessions Court with participating in a street protest in violation of an order issued by a magistrate prohibiting any gathering at Dataran Merdeka between April 28 and May 1.

They allegedly committed the offence between 2.30pm and 3pm on April 28 at Jalan Tun Perak, here.

They face a maximum fine for RM10,000, if convicted under the Peaceful Assembly Act 2012.

They also claimed trial to a second charge of conspiring with Tangam Raju, Rajesh Kumar Gejinder and Farhan Ibrahim by instigating them to violate the order issued by the Magistrate's Court on April 26.