Johor PKR executive secretary R Yuneswaran was today discharged by the High Court in Johor Bahru for organising the Black 505 rally in the state without giving prior notice to the police.

In allowing the appeal, High Court judge Mohd Sofian Abd Razak said he was bound by the Court of Appeal's decision in April declaring Section 9(5) of the Peaceful Assembly Act 2012 to be unconstitutional.

Yuneswaran in September last year was fined RM6,000 or three months' jail in default by a sessions court in Johor Bahru for breaching Section 9(1) of the Act, which requires organisers to provide a 10-day notice for assemblies.

Section 9(5) of the Peaceful Assembly Act 2012 provides for a fine of up to RM10,000 for violating conditions set out in the same section.

In a similar case involving PKR's Seri Setia asemblyperson Nik Nazmi Nik Ahmad, who organised a Black 505 rally in Kelana Jaya, Selangor, Nik Nazmi challenged the constitutionality of the law and this led to the Court of Appeal's ruling.

Prosecution's bid turned down

When contacted, Yuneswaran's lawyer Hassan Abdul Karim said the prosecution attempted to refer the case to the Federal Court but was turned down.

"They wanted to refer to the Federal Court on a point of law regarding Section 9(5) of the Peaceful Assembly Act, to argue it is not ultra vires the Federal Constitution," Hassan said.

However, he said, the prosecution's application was turned down.

"It was made on the grounds that the Johor Bahru High Court has the jurisdiction to give a decision on Yuneswaran's appeal.

"Also, at this juncture, there is already an appeal at the Federal Court by the public prosecutor against Nik Nazmi," Hassan told Malaysiakini .

The judge then proceeded to address Yuneswaran's appeal in which the sessions court decision was overturned.

The Black 505 rallies were part of a campaign to protest the 13th general election results, which the opposition said was fraught with irregularities.

The court sat on a Sunday as public holidays in Johor have been switched to Friday and Saturday since the start of this year.