The Kuala Lumpur Magistrate's court yesterday discharged without acquitting Keadilan vice - president Tian Chua and reformasi activist Abdul Malek Hussin from charges of illegal assembly two years ago.

They were among 23 persons arrested for an illegal assembly outside the Kuala Lumpur High Court while awaiting the court's decision on former deputy premier Anwar Ibrahim's abuse of power case.

The order for the cases against Tian (photo) and Abdul Malek to be discharged was made by Magistrate Lim Kui Lee. Cases against the two for obstructing the police from performing their duties were also discharged.

Discharging the two without acquitting means the prosecution can, however, initiate the case against them again at a later date.

Tian and Abdul Malek (photo) were charged under the Police Act for participating in an illegal assembly at Jalan Leboh Padang Besar, Dang Wangi, at about 1.10pm on April 14, 1999. They were also accused of causing a riot. The offences carry punishments of six months to two years jail and a fine or both.

They were also charged with obstructing the police from carrying out their duties at the same place and time.

Family worried

This is not Tian's first brush with the law for illegal gatherings. He was unable to be present at the hearing yesterday as he has been under Internal Security Act (ISA) detention since April 10 for allegedly planning to topple the government via militant means.

He was among ten reformasi activists, of which seven are Keadilan leaders, detained in a police roundup which began on April 10.

Meanwhile, Tian's father Chua Neo Lai told malaysiakini today that the police have not allowed family members to visit Tian.

"The police told us to wait for their call," said Neo Lai who had met police officers regarding the matter at the Bukit Aman police headquarters last week.

He added that family members were worried with Tian's health condition as he was suffering from asthma.

"The police informed us that we need not send any medication for Tian as their doctors would take care of that," said Neo Lai who has been traveling from Malacca in hope of visiting his son.

To date, police have only allowed family members of five of the ten ISA detainees to visit their loved ones at the city police headquarters.