Putrajaya files appeal against the inadequate sentence which could see the Selangor PKR rep being disqualified from contesting in GE14 should the court enhance his sentence.
PETALING JAYA: Selangor executive councillor Nik Nazmi Nik Ahmad’s woes for organising the Black 505 rally in 2013 without giving notice to the police is not over yet.
Putrajaya had filed a notice of appeal against the inadequate sentence of RM1,500 fine imposed by High Court judge Ghazali Cha on Dec 8 after Nik Nazmi pleaded guilty.
That sentence allowed the PKR assemblyman for Seri Setia to continue holding public office.
The Selangor constitution states that an elected representatve is only disqualifed from holding public office if jailed more than a year or fined a minimum of RM2,000.
A letter signed by Deputy Public Prosecutor Ahmad Kamal Md Shahid, and sighted by FMT, showed the notice of appeal was filed on Dec 14. Nik Nazmi’s lawyer Syahredzan Johan confirmed this.
In November 2015, he was charged again for failing to comply with the Peaceful Assembly Act and to give the mandatory 10-day notice to police to organise the gathering at Stadium Kelana Jaya on May 8, 2013.
He then pleaded not guilty and the trial began with the prosecution calling three witnesses.
In April 25, 2014, the Court of Appeal revoked Nik Nazmi’s earlier charge on the grounds an organiser could not be punished for failure to notify the police, calling the requirement unconstitutional.
But the Court of Appeal, in the case of Johor PKR executive secretary R Yuneswaran, held that Section 9(5) of the Peaceful Assembly Act was constitutional.
This meant that any organiser of a rally must give 10 days’ notice in advance to the police, failing which he would be considered as having flouted the law and could be fined up to RM10,000.
Since the latest Court of Appeal ruling takes precedence, the public prosecutor framed the same charge against Nik Nazmi on Nov 5, 2015.