“I am relieved that all is over after five years,” said Choong, who was elected as MP in the May 9 general election.

He added that the possibility of a by-election had also been avoided.

Article 48(1)(e) of the Federal Constitution states that an MP will be disqualified if the person has been convicted of an offence and sentenced to imprisonment for a term of not less than one year, or to a fine of not less than RM2,000, and has not received a free pardon.

Choong, social activist Thomas Fann Peng Fong, engineer Koh Jit Huat and PKR member Mohd Salleh Ahmad were charged with taking part in the “Free Adam Adli” assembly near a petrol kiosk on Jalan Tun Razak in Johor Bahru on May 21, 2013.

The offence carries a fine of up to RM10,000 under the Peaceful Assembly Act (PAA).

The Sessions Court, in January 2015, fined each of them RM5,000 in default of three months’ jail.

High Court judge Sabiran Ja’far in 2016 maintained the conviction but reduced the fine to RM1,500.

The four then appealed to the Court of Appeal to set aside the conviction while the prosecution cross-appealed to increase the fine.

Following the prosecution’s decision today, lawyer Latheefa Koya, who appeared for the four men, also withdrew their appeal.

The three-member Court of Appeal bench chaired by Mohtarudin Baki struck out the appeals by both parties.

Latheefa said although her clients’ conviction remained, they would persuade the Pakatan Harapan government to repeal unconstitutional provisions in the PAA.

Apex court dismisses activists’ bid to test peaceful assembly provision

‘Court of Appeal has no authority to hear constitutional issues’