Nik Nazmi said he was not going to cross-appeal Putrajaya’s application to enhance the fine imposed on him.

“I will defend the decision of the judge who imposed the fine,” Nik Nazmi told FMT via Whatsapp.

The Court of Appeal has fixed March 10 to hear the government’s appeal against the inadequate sentence imposed by High Court Judge Ghazali Cha on Dec 8 after Nik Nazmi pleaded guilty.

Any fine above RM2,000 by the appellate court will result in Nik Nazmi being disqualified to contest in the next general election.

The fine imposed by the High Court last December allowed the PKR assemblyman for Seri Setia to continue holding public office.

The Selangor constitution states that an elected representative is only disqualified from holding public office if jailed more than a year or fined RM2,000 and above.

In November 2015, Nik Nazmi 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.

On 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 Oct 1, 2015, 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.

Nik Nazmi said he was upset with the Attorney-General’s Chambers for appealing when his lawyer had sent a representation to the prosecution.

He declined to reveal the contents of the letter.