The Petaling Jaya Sessions Court today rejected PKR Youth chief Nik Nazmi Nik Ahmad's preliminary objection against being charged for the same offence three times.
"Our preliminary objection was dismissed," Nik Nazmi's lawyer Syahredzan John said on Twitter.
Syahredzan said the deputy public prosecutor also requested the court to transfer Nik Nazmi's case to the High Court which was allowed.
Nik Nazmi was on Oct 6 charged for the third time under Section 9(1) of the Peaceful Assembly Act for failing to give a 10-day notice to the police for the Black 505 rally at Kelana Jaya in 2013.
The Seri Setia state assemblyperson was acquitted after he challenged the constitutionality of the law which was subsequently declared unconstitutional by the Court of Appeal on April 25, 2014.
However, prosecutors attempted to charge Nik Nazmi for a second time on May 6, 2014 but Nik Nazmi was immediately discharged by the Petaling Jaya Sessions Court on the grounds that it was bound by the Court of Appeal's decision.
However, a different Court of Appeal bench changed the precedent when ruling on a similar case on Oct 1, prompting prosecutors to go after Nik Nazmi for the third time.