Rafizi, five others, fail to set aside charge in connection with Blackout 505 rally

Pandan Member of Parliament Mohd Rafizi Ramli and five others failed in their bid to set aside a charge under the Peaceful Assembly Act 2012 in connection with the Blackout 505 rally when the High Court here today dismissed their application.

Judge Amelia Tee Hong Geok Abdullah, when handing down the decision, said the charge made against them was not against the constitution and the prosecution had reasonable grounds to charge them.

Tee set June 21 for mention of the case at the Sessions Court.

Mohd Rafizi, 39, who is also Parti Keadilan Rakyat (PKR) vice-president, and Muhammad Adib Ishar, 27, a PKR secretariat member, was charged with organising the rally without meeting a condition set by Dang Wangi police chief ACP Zainuddin Ahmad that they must obtain the permission of the Kuala Lumpur City Hall for use of the venue, which was Padang Merbok.

They were charged with committing the offence at Padang Merbok, Jalan Parlimen here between 2 pm and 6 pm on June 22, 2013.

The charge, under Section 15(3) of Peaceful Assembly Act 2012, carries a fine of up to RM10,000, if found guilty.

Four others, opposition activists Adam Adli Abd Halim, 28, Muhammad Safuan Anang@Talib, 27, Ekhsan Bukharee Badarul Hisham, 25, and Mohamed Bukhari Mohamed Sufian, 26, were charged with participating in the rally in the compound of Masjid Ar-Rahman Universiti Malaya, which is a restricted area, between noon and 1.15 pm on the same day.

The four of them are charged under Section 4(2)(b) of the same law and face a fine of up to RM20,000, if found guilty.

All six of them are represented by lawyer Melissa Sasidaran, while the respondent was represented by deputy public prosecutor Nurul Huda Mohd Nor.