The Sessions Court here today has ordered a discharge not amounting to an acquittal(DNAA) for PKR leaders Datuk Seri Anwar Ibrahim, Azmin Ali and Badrul Hisham Shahrin and three others on charges relating to the Bersih 3.0 rally on April 28, 2012.
Judge Ahmad Bache ruled that the charges against the six men were "defective" following the decision by the Court of Appeal earlier this week which had declared a Magistrate's Court order banning the rally within Dataran Merdeka invalid.
"After considering the arguments by both parties and perusing several authorities, I therefore find that the charges as they stand now, as defective following the decision of the Court of Appeal declaring the said order invalid. Hence it follows that the charges are groundless," said Ahmad Bache.
"As the charges are groundless I have no choice but to order a discharge not amounting to an acquittal."
Further explaining his decision, Ahmad Bache said that he had considered whether the granting or not granting of the order for a DNAA would prejudice any parties.
"I find that if DNAA is not granted, the accused will be more prejudiced than the prosecution, as the charges will be hanging over their heads whilst the prosecution has the advantage of having the liberty to recharge them later," he said.
As soon as the decision was announced, PKR supporters in the court cheered and hugged their leaders. Azmin told reporters: "Alhamdulillah(Praise Allah). This is a landmark decision."
Meanwhile, lead prosecutor Deputy Public Prosecutor (DPP) Wan Shaharuddin Wan Ladin said that the Attorney-General's Chambers will consider filing a revision against the order granted today.
Court was supposed to decide today over their application for a DNAA as well as whether to allow the prosecution's application for a stay of the trial pending an application at the Federal Court to reverse the Appeals Court (COA).
On the prosecution's application for a stay of the trial, the judge said that the prosecution should have made that appeal at the COA itself.
"This court is mindful that an appeal to higher court, in this case the Federal Court, cannot operate as a stay of execution of any judgment or orders given by the court. The decision of the COA is hence to be observed and complied forthwith," he said.
On Jan 6, the Court of Appeal decided to set aside Magistrate Zaki Asyraf Zubir's order preceding Bersih 3.0, prohibiting any assembly at Dataran Merdeka between April 28 and May 1, 2012.
Following the Bersih 3.0 rally, Anwar, 65, was jointly charged on May 22, 2012. He was charged together with PKR deputy president Mohamed Azmin Ali, 49, and Badrul Hisham, 35, with participating in a street protest at the location on April 28 the same year, which allegedly caused chaos in the capital.
The trio also faced a second charge of conniving with Tangam Raju, Rajesh Kumar and Farhan Ibrahim by inciting them to remove steel barricades at Jalan Raja the same day.
They were the first individuals to be charged under Section 4(2)(c) of the newly-enacted Peaceful Assembly Act 2012, which provides for a maximum fine of RM10,000, if convicted.
Later, the trio were slapped with a third charge of conspiring with Tangam, Rajesh, Farhan and five other supporters of the 'Coalition for Free and Fair Elections' (Bersih 3.0) to defy the Magistrate's Court order dated April 26, 2012 not to hold a rally at Dataran Merdeka between April 28 and May 1, 2012.
Teoh El Sen
Fri Jan 10 2014
Iran's supreme leader says Hamas leader's death will not halt 'Axis of Resistance'
The "Axis of Resistance", built up with years of Iranian support, includes Hamas, the Lebanese Hezbollah group, the Houthi movement in Yemen, and various Shi'ite groups in Iraq and Syria.
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.