The preliminary objection raised by the prosecution at the Kuala Lumpur Sessions Court against opposition leader Anwar Ibrahim's challenge on the magistrate's order before the Bersih 3.0 gathering was premature.

NONE This was highlighted by Anwar's counsel Ramkarpal Singh ( right, in photo ) in reply to the prosecution's objection to the application challenging the magistrate's order dated April 26.

Ramkarpal said the applicant should be able to lay out the merits of the application without the prosecution objecting to it.

“Let the merits be heard before the trial judge to know the basis of the application and do not object. The merit would roughly stipulate that there is no basis for the charge to be leveled on Anwar,” he said.

The prosecution, led by deputy public prosecutor Mohd Hanafiah Zakaria, had, in the last session objected to Anwar's application on the grounds that the Sessions Court do not have the inherent jurisdiction to review the magistrate's order.

Hanafiah, who is the deputy head of prosecution in the Attorney-General’s Chambers, in reply to Ramkarpal's submission today, said there was no mention of Anwar making the application under Section 173(g) of the Criminal Procedure Code on procedure for summary trials that the charge was made without any basis.

“They are merely contesting the magistrate's order and not the charge,” he said.

NONE Anwar has applied that magistrate Zaki Asyraf Zubir's order in not allowing people to gather around Dataran Merdeka for the Bersih 3.0 gathering on April 28, was not proper as no notices of the order were put-up at the area, and that the order was not proper as it was made by one party.

Sessions judge Mahmud Abdullah said he would need some time to make a decision in the matter and fixed Jan 4 to deliver his decision.

Meanwhile, Anwar's application to challenge his charge under the Peaceful Assembly Act (PAA), which he says is unconstitutional, would be heard at the Kuala Lumpur High Court on Friday.

Charges on Anwar

The opposition leader, who is also Permatang Pauh MP, along with PKR deputy president, Azmin Ali ( below ) and former PKR Supreme Council member Badrul Hisham Shaharin, are charged with violating Section 4 (2)(c) of the PAA by taking part in the Bersih 3.0 rally and thereby, between 2.30pm and 3pm on April 28, violated the court order issued by magistrate Zaki.

If found guilty, all three are liable to a maximum fine of RM10,000 each.

NONE They also face a second charge under Section 188 of the Penal Code, for breaching the magistrate's order by conspiring with Rasah PKR division deputy head R Tangam, lawyer G Rajesh Kumar and van driver Farhan Ibrahim @ Alias by inciting them to breach the barricades surrounding Dataran Merdeka, which “could have caused a riot or clashes”.

If convicted, under this section, they will face a maximum jail term of one month or a fine of RM2,000, or both.

The third charge against the three is on abetting in rioting, under Section 147 of the Penal Code, by inciting the others to break the barricades at Dataran Merdeka.

If convicted under this section, the three face a two-year jail term or a fine, or both.

Also present today was Badrul, who was represented by former solicitor-general II Mohd Yusof Zainal Abiden and also Sankara Nair.