The Sessions Court in Johor Baru today granted a discharge not amounting to an acquittal to Parti Keadilan Rakyat (PKR) deputy secretary-general Steven Choong and three other individuals on charges of participating in an assembly at a prohibited place last year and failing to give prior notice of the assembly to the police.

Judge Muhammad Jamil Hussin made the decision after finding that the charges against them were without basis as they were brought to court without adhering to procedure under the Criminal Procedure Code.

“No arrests were made or summonses issued against the four accused. Based on the objection of the defence and after considering the arguments from both sides, I find the charges to be flawed and without basis,” he said.

Muhammad Jamil said the prosecution, represented by deputy public prosecutor Mohd Afif Ali, could seek a review of his decision by bringing it up to the High Court if it was not satisfied.

Choong, 57, Koh Jit Huat, 53, Mohd Salleh Ahmad, 62, and Thomas Fann, 53, were accused jointly with participating in an assembly at a petrol station in Jalan Tun Abdul Razak in Johor Baru at about 9pm on May 21 last year.

They were charged under Section 4(2) of the Peaceful Assembly Act 2012 which carries a maximum fine of RM10,000 upon conviction.

They were also jointly charged for failing to give prior notice to the South Johor Baru police chief 10 days before the assembly was held at the same place and time.

For that offence, they were charged under Section 9 (1) of the same act, which carries the same maximum fine if found guilty.

Earlier, the four accused, who were represented by counsel Hassan Karim, Jimmy Puah, Loh Wei Cher and John Fernandez, pleaded not guilty to the two charges before their lawyers raised an objection to them having been brought to court.

Hassan, when met outside the court, said the judge had made the right decision as the accused were not detained by the police or issued summonses and that they were ordered to attend court today via a telephone call by the police investigating officer.  

- Bernama