AG should stop shooting with PAA gun, say lawyers

The move by the Attorney-General's (AG) Chambers to first re-charge Selangor legislative assembly deputy Speaker Nik Nazmi Nik Ahmad, and three more people on Friday, has set tongues wagging in the legal fraternity.

Firstly, there is confusion as the law they were all charged under, Section 9(5) of the Peaceful Assembly Act 2012 (PAA) was declared "unconstitutional" by a Court of Appeal last month.

Secondly, it seemed odd to bring about the exact same charge against those who were already charged before. At least in the case of Nik Nazmi, it was considered a clear cut case of 'double jeopardy' as he was already acquitted by a higher court.

For lecturer and senior lawyer Baljit Singh Sidhu, the AG should not have "acted in haste" and instead brought the matter to the legislative.

"They should go back to Parliament to amend the act now. At least should have waited for the grounds of judgment from the Court of Appeal," Baljit told Astro AWANI.

The current actions to re-prosecute, he said, does not look good for the AG's office.

"You are supposed to prosecute, not persecute," he said.

Baljit said that if the Sessions Court which is hearing the case of Badrul Hisham Shaharin, or Chegubard, and two others over a PAA charge delivers another discharge not amounting to acquittal, it would result in a "chicken and egg situation".

"If the AG keeps on recharging it could be endless."

Another senior criminal lawyer said that the AG could be attempting to have another Court of Appeal overturn the ruling on Section 9(5).

"Many think it a stupid and ridiculous exercise by the AG for using a law that is ruled 'unconstitutional'.

"But he may just be trying his luck.

"The law is still there, so as long as Parliament does not change it, the gun is still in the AG's hand," said the lawyer who did not wish to be named.

"But to the public, it sends a very wrong message. Is the AG wasting the courts' time?"