Blackout 505: Chegubard's application to be discharged dismissed
NO LUCK: Unlike his comrade Nik Nazmi, Chegubard (pic) was not successful in getting himself dismissed from the charge under the Peaceful Assembly Act.
The Sessions Court here on Friday maintained a charge under the Peaceful Assembly Act 2012 (PAA) made against Rembau PKR branch leader Badrul Hisham Shaharin, also known as 'Chegubard', in connection with a gathering organised in May last year.
Judge Yasmin Abdul Razak made the ruling after dismissing Badrul Hisham's application to be discharged not amounting to acquittal from the charge.
Earlier, lawyer Eric Paulsen, representing Badrul Hisham, when submitting the application said it was made following a decision by the Appeal Court last April 25 in acquitting and discharging Seri Setia assemblyman Nik Nazmi Nik Ahmad on a charge of organising a Blackout 505 rally at the Kelana Jaya Stadium on May 8 last year.
He submitted that the court would be misdirected if it was to wait for Parliament to amend the PAA as the Appeal Court had ruled that the law was unconstitutional.
Meanwhile, deputy public prosecutor Suhaimi Ibrahim, who prosecuted, submitted that the law was still applicable.
He also requested the court to postpone today's hearing of the case.
The court then set June for mention.
According to the charge, Badrul Hisham, 35, as organiser of the gathering, was alleged to have failed to duly notify the Petaling Jaya police chief of the event, which was 10 days before it was to be held.
He was charged with committing the offence at Padang Timur, Dataran Petaling Jaya, Jalan Timur, Petaling Jaya near here between 5pm and midnight on May 23 last year.
The charge under Section 9(1), read with Section 9(5) of the PAA, carries a fine of up to RM10,000 upon conviction.
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