A group of PKR leaders have been called to enter their defence for their participation in the Kita Lawan demonstration in March 2015.

This comes after a magistrate’s court in Kuala Lumpur found that the prosecution had successfully proven a prima facie case.

“In this regard, there are prima facie evidence that all the accused were voluntarily present at the street protest... I find that the prosecution has succeeded in proving the prima facie of this case,” magistrate Mahyudin Mohamad Som said when delivering his decision today.

Teja assemblyperson Chang Lih Kang, Semambu assemblyperson Lee Chean Chung and former political secretary to PKR vice-president Tian Chua, Rozan Azen Mat Rasip, were previously charged under the Peaceful Assembly Act (PAA) for taking part in the rally.

The next mention date for this case will be on Sept 7.

Chang and Rozan’s counsel Eric Paulsen had also previously argued that this case involved a constitutional issue.

As such, Paulsen said today, he would have to seek advice from his clients on whether to file an application to pose constitutional questions on the PAA to the Federal Court.

“Our bigger challenge is that we are of the view that the street protest provision is unconstitutional... because this is a peaceful assembly.

“I just need to get instructions from my clients on whether to proceed (with the application to the Federal Court). In all likelihood, we will,” Paulsen told reporters after the magistrate delivered his decision.

Last year, several accused, including Bersih chairperson Maria Chin Abdullah and activist Adam Adli Abd Halim, who were also charged under the PAA for participating in the same rally, got to pose a similar constitutional issue before the apex court.

However, the Federal Court said a prima facie case must first be made before the matter is brought up.