The Court of Appeal today struck out a prosecution appeal and upheld the acquittal of 21 people over a candlelight vigil six years ago.

Justice Mohtarudin Baki, chairing a three-member panel, ruled that the appeal brought by the prosecution was incompetent after allowing a preliminary objection raised by counsel Gobind Singh Deo.

Gobind Singh argued that the prosecution had not complied with a court directive to file the petition of appeal by Feb 18. The petition of appeal was filed on March 25.

The 21 people are Petaling Jaya Utara MP Tony Pua; former Selangor executive council member Ronnie Liu Tian Khiew; Kampung Tunku state assemblyperson Lau Weng San; Catholic priest Rev Paulino Francesco Miranda.

K Raman; G Ramish; Augustine Gun; Andrew Ng; Ashok Kandiah; Lim Chen Inn; Ooi Suan Huah; Ambrose Poh; Johny Andu; K Thenagaran; Ong Boon Keong; Mohd Fasya Tajudin; Goh Jin Kiat; Henry Hor; Mohd Khairul Anuar Mohd Jamil; Goh Chien Yee and Tiew Way Keng.

Also presiding on the panel were Justices Tengku Maimun Tuan Mat and Zakaria Sam.

Gobind Singh told the court that under the Rules of the Court of Appeal 1994, an appeal would be deemed withdrawn if the petition of appeal had not been filed.

He said that despite informing the prosecution via a letter of the matter, the prosecution did not apply for an extension of time to file its petition of appeal.

Deputy public prosecutor Lailawati Ali said she was unaware of the court directive. She subsequently applied to the court for an extension of time to file the petition of appeal.

Another counsel, Francis Pereira, told the court that during case management on Jan 21, the Court of Appeal deputy registrar Darmafikri Abu Adam had notified the parties of the directive by Court of Appeal President Md Raus Sharif for the hearing of the appeal to proceed today.

The 21 were charged in the Sessions Court in January 2009 with unlawful assembly under the repealed Police Act 1967 for having allegedly taken part in a candlelight vigil to mark the anniversary of a Bersih rally in front of the Petaling Jaya City Council building between 9.50pm and 10.10pm on Nov 9, 2008.

 

The Sessions Court in Petaling Jaya acquitted them and the Shah Alam High Court upheld that decision.  

- Bernama