In a surprising twist today, the sessions court in Petaling Jaya dismissed Solidarity Anak Muda Malaysia (SAMM) leader Badrul Hisham Shaharin's application for a charge under the Peaceful Assembly Act 2012 (PAA) against him to be thrown out.

However, on a similar charge in a sessions court in Ipoh, Perak PKR leader Anuar Zakaria and Ipoh Timur MP Thomas Su were granted a discharge.

Badrul Hisham, popularly known as Chegubard, was charged with not informing the authorities about the Black 505 rally held at Dataran Petaling Jaya on May 25 last year.

Sessions judge Yasmin Abdul Razak dismissed Badrul Hisham's application and fixed June 5 for mention.

Badrul Hisham's lawyer Eric Paulsen ( right ) made the application following the landmark April 25 decision that declared punishment under Section 9(5) of the PAA as unconstitutional in Selangor deputy speaker Nik Nazmi Nik Ahmad's case.

He was charged under the same section as Nik Nazmi, who was given an acquittal.

When Nik Nazmi was re-charged with the same offence, Yasmin granted him a discharge not amounting to an acquittal.

In Ipoh, Su, 48, and Anuar were granted a discharge not amounting to an acquittal for organising the Blackout 505 rally at Medan Istana on May 12 last year, a charge under the same Section 9(5) of the PAA.

Sessions judge Rushan Lutfi Mohamed granted a discharge after agreeing with lawyer Gobind Singh Deo, who submitted that the offence under Section 9(5) had been declared unconstitutional and as there was no stay applied for in the Court of Appeal decision, there was no charge to answer.

Gobind further submitted that an appeal over the landmark decision does not operate as a stay and that the sessions court was bound by the principle of stare decisis (to abide by any precedent).

Rushan agreed that she was bound by the Court of Appeal decision and granted the discharge.

'Consistency in decisions is needed'

Commenting on today's decision, Paulsen said there was a need for consistency on the part of courts in making decisions, for conflicting ones on same issues are not good for the administration of justice.

He said in Chegubard's case, he was discharged of a similar charge in Kuala Lumpur and when he was re-charged in Kuala Lumpur again at another bench of the sessions court two days ago, he was granted a discharge .

Paulsen said the reason given by deputy public prosecutor Suhaimi Ibrahim was that there is an appeal pending before the Federal Court and the sessions court should therefore not grant a discharge.

“Maybe it happens with this country, but the attorney general and the Attorney-General's Chambers should not have objected, in light of the Court of Appeal decision,” he said.

“The AG cannot pick and choose to adhere to only laws or judgments that favour them. Such an attitude can bring chaos, and ultimately erode public confidence in the administration of justice,” said Paulsen.

Gobind ( left ) also agreed that inconsistencies in court decisions needed to be worked out.

In the Ipoh case, he said, he argued before the judge that the court was bound by the Court of Appeal decision based on the principle of stare decisis, despite the appeal.

The Attorney-General's Chambers has indicated that it is appealing the Court of Appeal decision.