N Surendran (PKR-Padang Serai ) raised concerns over Section 98, which allows the public prosecutor to file an application to stop a public gathering.

The application is usually filed by a police officer.

“It is an attempt to give more powers to the public prosecutor at the court. It will strengthen the government’s position.”

Surendran said Section 98 of CPC had been abused many times by the authorities to restrict peaceful assembly by prohibiting people from gathering at certain venues.

“It was used during the Bersih 3.0 rally.

“It is an old act used during the colonial times but the government dusted it and used it during Bersih 3.0,” he said at the Dewan Rakyat today.

He said there was an obvious trend by the government to take away the discretion of the courts, especially in certain types of serious crime.

“A judge will be able to assess the merits of each case without the help of the public prosecutor.”

Meanwhile, DAP’s Bukit Gelugor MP Ramkarpal Singh questioned the reason for changing the existing laws for a trial to continue in the absence of the accused and defence counsel.

“The existing law is enough to deal with such situations when an accused absconds.”

Ramkarpal added the accused may be given a “discharge not amounting to an acquittal” (DNAA), and the trial can resume after his re-arrest.

He also expressed dissatisfaction over the proposed bill which forces courts to accept evidence provided by an expert without question.

This will reduce the discretionary powers of the court, he said.

Minister in the Prime Minister’s Department Nancy Shukri tabled the Bill for the second reading yesterday.

Lawmakers started debating the CPC on Tuesday and this is expected to be concluded tomorrow.

The CPC Bill was part of the 11 new and amended Bills tabled in 2013 to fight organised crime.

However, it was withdrawn due to protests by Barisan Nasional and Pakatan lawmakers.