Six freed of preventing civil servants from carrying out duty

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KUALA LUMPUR: Six men, including two assemblymen, were acquitted on a charge of obstructing civil servants from discharging their duty during a rally here in March 2015.

“After perusing through the written and oral submissions, I find the defence has created a doubt in the prosecution’s case,” declared magistrate Nur A’Minahtul Mardiah Md Nor to the packed courtroom.

Her verdict was followed by thunderous clapping from those present.

Outside the court, all the six were garlanded by their supporters.

Those acquitted were Simpang Pulai assemblyman Tan Kar Hing, 33, Teja assemblyman Chang Lih Kang, 35, Chee Chu Sang, 40, N Tamilarason, 53, Yong Ming Chong, 48, and Gan Zhi Mou, 24.

They had been charged with preventing Kuala Lumpur City Hall (DBKL) officer Mohd Haryadi Mohd Nor and his team from carrying out their duties during the #KitaLawan rally near Dataran Merdeka on March 27, 2015.

They allegedly committed the offence at the Jalan Tun Perak and Jalan Raja Laut junction just after midnight.

The offence is punishable under Section 186 of the Penal Code, which carries a maximum of two years jail or RM10,000 fine or both, upon conviction.

Chee was also charged with using criminal force to stop another DBKL officer, Mat Fuad Yusoff, from carrying out his duties, at the same place, time and date.

The offence is punishable under Section 353 of the Penal Code, which carries two years’ jail or a fine or both, upon conviction.

Today’s decision was also a relief to the assemblymen as a conviction and deterrent sentence would have resulted in them being disqualified from contesting in the 14th general election.

The Federal Constitution and state constitution disqualifies a person from being an MP or assemblyman for five years should the elected representative be convicted and sentenced to more than one year, or fined more than RM2,000.

Government lawyer Nurakmal Farhan Aziz said an appeal would be lodged against the acquittal.

Counsels Eric Paulsen, Melissa Sasidaran and Mohd Haijan Omar appeared for the six.