Selangor executive council (exco) member Nik Nazmi Nik Ahmad’s suit against former attorney-general Abdul Gani Patail, the Attorney-General’s Chambers, and the government will go on trial next Thursday (May 25).

Nik Nazmi has filed a suit against the three parties for continuously charging him under the Peaceful Assembly Act 2012 (PAA) for organising the Black 505 rally four years ago.

This follows Justice Ahmad Zaidi Ibrahim’s dismissal of the defendants’ application to have the case struck out.

“There are triable issues to be decided through the witnesses,” the Kuala Lumpur High Court judge said when making the decision in chambers.

This was confirmed by lawyer Syahredzan Johan for Nik Nazmi along with senior federal counsel Kamal Azira Hassan and Zureen Elena Mohd Dom.

It was previously reported that the defendants had applied to strike out the suit on the grounds that there was no reasonable cause of action, and that the suit was frivolous, vexatious, and an abuse of court process.

Nik Nazmi, who is also PKR Youth chief and Seri Setia assemblyperson, had previously been charged under Section 9(1) of the PAA for not giving a 10-day notice for the Black 505 rally. The Court of Appeal ultimately declared that the requirement to give such notice was unconstitutional.

Despite this, Nik Nazmi was charged again with the offence, which prompted him to file the current suit for malicious prosecution last year.

Nik Nazmi is seeking general, aggravated and exemplary damages along with another RM80,000 in special damages for the prosecution's action in levelling a second similar charge on him, despite the first one resulting in a discharge and acquittal.

Protesting the 13th general election

In his suit, Nik Nazmi states the Black 505 rally had been held in protest of the 13th general election held that year. He claimed that there had been several detected irregularities and election offences committed during the election.

The Pakatan Rakyat coalition, of which PKR had then been a member, obtained 52 per cent of the popular vote in the 13th general election, although BN still managed to obtain the majority of parliament seats.

Nik Nazmi claimed that the Black 505 rally had had to be held quickly to highlight the alleged cheating that had occurred.

As then-PKR director of communications, Nik Nazmi said he had been responsible for coordinating and holding the event.

On May 8 2013, a gathering was held at the Stadium MBPJ Kelana Jaya, which he had informed the Petaling Jaya OCPD about on the morning of the event.

Nik Nazmi pleaded guilty to his second charge last December and was fined RM1,500.

However, the prosecution has indicated that they are appealing his sentence.