The prosecution's appeal on a PKR leader involvment in the 'Black 505' rally, which was slated to be heard by the Federal Court tomorrow, has hit a snag.

In a landmark judgment, the Court of Appeal acquitted Selangor deputy speaker Nik Nazmi Nik Ahmad, on grounds of Section 9(5) of the Peaceful Assembly Act (PAA) being declared unconstitutional, null and void.

The Attorney-General's Chambers then appealed to the Federal Court.

However, the prosecution found itself in a quandary as a result of another landmark decision in the case of Prosecutor vs Siow Chung Peng, which bars the apex court from hearing cases that originate from the sessions court.

Nik Nazmi was originally charged in the sessions charged in Petaling Jaya

Due to this development, the AG's Chambers wrote to the Federal Court yesterday, applying for more time to study the matter.

Nik Nazmi's lawyer N Surendran ( left ) informed reporters of this postponement today.

"The postponement was granted today by the apex court, to an indefinite date," he added.

In cases which originated from the sessions or magistrate's courts, the final appeal will be decided by the Court of Appeal, as the country allows a two-tier appeal.

There should be no further appeal to the Federal Court.

Nik Nazmi, who is also Seri Setia assemblyperson, was charged last year with not giving a 10-day notice for the rally held at the Kelana Jaya stadium after the last general election.

However, Nik Nazmi filed an application with the Shah Alam High Court to declare Section 9(5) of the PAA unconstitutional, but he failed in his bid.

On appeal to the Court of Appeal, the court in its unanimous, landmark decision, declared Section 9(5), which punishes anyone with a fine of RM10,000 for failing to give notice of an assembly, to be unconstitutional.

Following this, the appellate court acquitted Nik Nazmi.

This landmark decision also resulted in others who took part in the assembly and other rallies to be acquitted.

However, Nik Nazmi and the others were charged again. However, Petaling Jaya sessions judge ruled that it was bound by the appellate court's decision and ordered a discharge.

Malaysian Bar president Christopher Leong had rapped the attorney-general, saying that charging someone for the same offence after being acquitted constituted double-jeopardy.