The Sessions Court in Ipoh today dismissed the Perak PKR secretary’s application to drop the charge against him in relation to organising an illegal rally last year.   

Judge Rushan Lutfi Mohamed set May 16 to provide the grounds for the dismissal of the application by Mohammad Anuar Zakaria, 46.

On May 27 last year, Mohammad Anuar was charged with not giving a 10-day notice for the May 12 rally to the Ipoh police chief.

The PKR leader is accused of committing the offence in front of the PKR office at  Jalan Medan Istana in Poh at 7.30pm.

He was charged under Section 9 (1) of the Peaceful Assembly Act 2012 which is punishable by a fine of up to RM10,000, upon conviction.  

Earlier in the proceeding, Mohammad Anuar’s lawyer M Surendran applied for his client to be discharged and released from the charge on the grounds that there was no basis for it.  

He cited a decision by the Putrajaya Court of Appeal last Friday regarding the charge brought against Seri Setia assemblyperson Nik Nazmi Nik Ahmad, submitting that Section 9(5) had been declared null and unconstitutional.  

“The prosecution in that case also did not inform the court if they were going to appeal the matter at the Federal Court,” he added.

Based on that outcome, Surendran submitted that there was no case against Mohammad Anuar as there were no elements of offence following the Court of Appeal decision.

Meanwhile, deputy public prosecutor (DPP) Masri Mohd Daud argued that it was the prerogative of the judge to decide if the accused should be discharged not amounting to a release.   

Furthermore, he said the DPP in Nik Nazmi’s case had a choice of informing the court whether they were going to appeal or not.    

Mohammad Anuar was represented by Surendran, Baldip Singh and Latheefa Koya.

 

- Bernama