PKR Youth chief Nik Nazmi Nik Ahmad has claimed that the prosecution team reneged on a deal when it appealed the RM1,500 fine meted out to him after he pleaded guilty to breaching the Peaceful Assembly Act over the “Black 505” gathering in Selangor in 2013.

He said the prosecution agreed to a representation by his legal counsel that an appeal would not be filed if he pleaded guilty.

"We actually reached a deal with the deputy public prosecutor (DPP) that if I plead guilty, they will let the case end there. But then they appealed for a higher sentence," he told Malaysiakini.

However, DPP Wan Shahruddin Wan Ladin denied there was a deal.

"There was no such deal. Their mistake was assuming we will not appeal based on what happened in (PKR vice-president) Rafizi Ramli's case," he said when contacted.

Last November, Rafizi and DAP organising secretary Anthony Loke were fined RM1,950 for breaching the same Act, during the Padang Merbok leg of the “Black 505” rallies to protest the outcome of the 13th general election.

According to a representation letter sent by Nik Nazmi's legal team to attorney-general Mohamed Apandi Ali, the DPP agreed not to appeal if the sentence was a fine of RM1,800 or lower.

This is because a fine of more than RM2,000 would disqualify Nik Nazmi as Seri Setia assemblyperson and render the constituents without representation until the state legislative assembly is dissolved, read the Nov 8, 2016 letter sighted by Malaysiakini.

The law states that a by-election need not be called if a vacancy occurs within two years to the automatic dissolution of a legislative assembly.

The Selangor legislative assembly would automatically dissolve in June 2018.

"We confirm that the prosecution had agreed to our representation on Nov 8, as stated by the DPP to us," said Nik Nazmi's lawyer Syahredzan Johan in another letter to the AG dated Dec 2, 2016.

'First case encountered of DPP breaking vow'

Asked why there is no document to prove that the prosecution agreed to the deal, Syahredzan said such deals were usually done in a verbal manner.

"This is the first time I have come across (a prosecutor not adhering to a deal made)," he said when contacted.

Syahredzan (photo) said the matter might be raised during the appeal hearing at the Court of Appeal as it could have a bearing on the outcome.

If the Court of Appeal raises the penalty to more than RM2,000, Nik Nazmi would not only lose his seat, but also be disqualified from contesting in the upcoming general election.

The maximum fine for the offence is RM10,000.

The government's appeal to raise the sentence imposed by the High Court has been fixed on March 10.

He was first charged on May 17, 2013, for failing to notify the police 10 days prior to the “Black 505” rally at the MBPJ Stadium in Kelana Jaya on May 8, 2013.

The charge was revoked on April 25, 2014 when the Court of Appeal found the requirement to give police notice before an assembly unconstitutional.

However, in a different case in October that year, the Court of Appeal held Section 9(5) of the Peaceful Assembly Act, which requires an organiser to give 10 days notice, as constitutional.

Nik Nazmi was charged again under the section in November 2015 and pleaded not guilty.

He changed his plea and paid a fine of RM1,500 on Dec 8, 2016.